| Legislative： |
1.Promulgated on June 10, 1992
2.Amended and promulgated on January 23, 1998
3.Amended and promulgated on April 19, 2000
4.Amended and promulgated by Ministry of Economic Affairs on February 20, 2002 per Letter No. Ging-Zhi-Tze 09104603140
5.Amended and promulgated by Ministry of Economic Affairs on August 4, 2020 |
| Content： |
Article 1
These Regulations are prescribed pursuant to Paragraph 2 of Article 69 of the Copyright Act
(hereinafter referred to as "the Act").
Article 2
In applying for approval of a compulsory license, the following documents shall be presented:
1.A written application form;
2.One sample copy of the musical work; and
3.Other relevant evidential documents.
Article 3
Except as otherwise provided under these Regulations, the written application form in Item 1 of the
preceding Article shall indicate the following matters and be signed or sealed by the applicant or the
agent thereof.
1.Applicant's name, date of birth or establishment, and domicile or residence, and, if the applicant is
a juridical person, the name of its representative;
2.The agent's name and domicile or residence if the application is made by an agent, or, the name of
its representative if the agent is a juridical person;
3.The title of the musical work;
4.The name and nationality of the author of the musical work;
5.The name, nationality, and domicile or residence of the owner of the economic rights to the
musical work; also the agent's name and domicile or residence if there is an agent known by the
applicant. However, if the musical work has been exclusively licensed, the written application form
should then indicate the name or title, nationality, and domicile or residence of the exclusive
licensee to the musical work; also the agent's name or title and domicile or residence if there is an
agent known by the applicant;
6.The title of the sound recording for sale which has been recorded with the musical work and a
statement indicating that the sound recording has been publicly published for over six months;
7.A statement indicating that the applicant wishes to exploit the musical work to record and produce
other sound recordings for sale;
8.The kind of carrier which will be recorded with the sound recording to be published and the
wholesale price thereof;
9.The quantity of the sound recording to be published; and
10.The quantity of musical works which the applicant wants to exploit in the sound recording he/she
plans to publish.
Where the musical work does not indicate the matters in Item 3 of the preceding Paragraph, the
matters may be omitted. The domicile or residence of the owner, the exclusive licensee of the
economic rights and the agent thereof may also be omitted if it is unknown.
Where the musical work is in conformance with the situation provided by Item 1 of Article 4 of the
Act, the written application form shall indicate the country or area of its first publication and the
date of publication as prescribed in that Item.
Where the musical work is in conformance with the situation provided by the proviso of Article 4 of
the Act, the written application form shall indicate the relevant facts complying with that proviso.
Article 4
Except as otherwise provided under these Regulations, the relevant evidential documents referred to
in Item 3 of Article 2 include:
1.Evidential documents indicating that the sound recording for sale is recorded with a musical work;
and
2.Evidential documents for the fact that the sound recording for sale as set forth in the preceding
Item has been publicly published for over six months.
Article 5
Where an appointed agent files the application for a compulsory license, a power of attorney or an
evidential document for authorization shall be presented. When the agent is changed or discharged,
the change or discharge shall not take effect before a written notice of such change or discharge is
given to the Copyright Competent Authority.
Article 6
Where the documents presented by the applicant are foreign official documents, the documents shall
be authenticated by an ROC embassy/consulate, representative office, branch office, or other
institute authorized by the Ministry of Foreign Affairs of the Republic of China, or verified by a
court or a civil notary public of the Republic of China.
Where the documents presented by the applicant are in a foreign language, a Chinese translation
thereof shall be submitted.
Article 7
After accepting the application, the Copyright Competent Authority shall notify the owner of the
economic rights to the musical work and the agent thereof. If the musical work has been exclusively
licensed, the exclusive licensee to the musical work and the agent thereof shall be notified. If the
domicile or residence of the owner is unknown, the Copyright Competent Authority shall put the
contents of the written application into a public notice.
The owner of the economic rights and the agent thereof or the exclusive licensee and the agent
thereof referred to in the preceding paragraph may submit their opinions in writing pertaining to the
content of the application form stipulated in Paragraph 1 of Article 3 to the Copyright Competent
Authority within thirty days after receiving the notification or the public notice set by the Copyright
Competent Authority.
Where the owner of the economic rights to the musical work appoints an agent or has an agent to
submit his/her opinion, a power of attorney or an evidential document for authorization shall be
presented. When the agent is changed or discharged, the change or discharge shall not take effect
before a written notice of such change or discharge is given to the Copyright Competent Authority.
Article 8
Under any of the following situations, the Copyright Competent Authority should notify the
applicant for correction by given deadline:
1.Where the application fee is not paid in compliance with these Regulations;
2.Where the written application form presented is not signed or sealed by the applicant or his/her
agent;
3.Where the items required to be indicated in the written application form are missing or
incomplete;
4.Where the items indicated in the written application form conflict with the evidential documents
or the sample copy of the musical work;
5.Where the documents required to be submitted.
6.Other situations that need to be corrected.
Article 9
Under any of the following situations, the Copyright Competent Authority shall reject the
application:
1.Where the Copyright Competent Authority has set a deadline demanding correction in accordance
with the provisions of the preceding Article, but the applicant has failed to correct or complete the
correction by the deadline;
2.Where the written application conflicts with Paragraph 1 of Article 69 of the Act; or
3.Where the matters indicated in the application form are untrue.
Article 10
Where the Copyright Competent Authority does not approve the compulsory license, it shall notify
the applicant, the owner of the economic right to the musical work and the agent thereof with a
written statement of reasons. If the musical work has been exclusively licensed, the exclusive
licensee and the agent thereof shall be notified.
Article 11
Where the Copyright Competent Authority approves the compulsory license, it shall put the
approval decision into a public notice and notify the applicant, the owner of the economic right to
the musical work and the agent thereof. If the musical work has been exclusively licensed, the
exclusive licensee and the agent thereof shall be notified.
Article 12
Upon approving a compulsory license, the Copyright Competent Authority shall simultaneously
inform the applicant of how the royalties will be calculated and in what manner the license is
permitted to use.
The royalties paid by the applicant shall be calculated as follows:
Royalties =
The wholesale price of a sound recording which is scheduled to be published X 5.4% X the quantity
to be published
————————————————————————————————
The quantity of the musical work which would be used for the sound recording to be published
In accordance with the formula of the preceding Paragraph, where the amount of the royalties
calculated is under twenty thousand New Taiwan Dollars, it shall be calculated as twenty thousand
New Taiwan Dollars; provided, the applicant has special reason and provide evidence to
demonstrate, may calculate according to the preceding Paragraph.
Article 13
The applicant who has lodged royalties shall report to the Copyright Competent Authority for its
recordation.
Article 14
Where the applicant has not paid royalties, he/she shall not use the musical work to record and
produce a sound recording for sale.
Article 15
The applicant who has obtained approval for a compulsory license from the Copyright Competent
Authority shall not transfer the approval or prohibit others from recording and producing another
sound recording.
Article 16
Where the estimated wholesale price that the applicant has submitted is lower than the actual
wholesale price or the estimated quantities of the musical works that the applicant has applied to use
is higher than the quantities of the musical works that actually have been used, resulting in the
amount of the royalties being higher than what is calculated according to the provision of Article 12,
the applicant shall make up for the deficiency.
After the Copyright Competent Authority has approved a compulsory license, the applicant who
wishes to increase the quantity of publications originally approved shall apply to the Copyright
Competent Authority for change of the quantity of publication.
Where the Copyright Competent Authority approves the change as set forth in the preceding
Paragraph, it shall put the approval decision into a public notice and notify the applicant, the owner
of the economic rights to the musical work and the agent thereof. If the musical work has been
exclusively licensed, the exclusive licensee and the agent thereof shall be notified.
Article 17
The sound recordings recorded and produced in accordance with these Regulations shall indicate the
following matters:
1.The title of the musical work;
2.The name of the author of the musical work;
3.The date and document number of approval of the compulsory license by the Copyright
Competent Authority;
4.Areas of sales;
5.Serial number that is sufficient to identify the quantity to be published; and
6.The product title and code of the produced record work
Where the musical work does not indicate the matters in Item 1 of the preceding Paragraph, the
matters may be omitted. The produced record work may also be omitted if it does not indicate the
matters in Item 6 of the preceding Paragraph.
The applicant shall, in accordance with Paragraph 1, submit a publication sample to the Copyright
Competent Authority, the owner of the economic rights to the musical work and the agent thereof
within 14 days. If the musical work has been exclusively licensed, the applicant shall submit a
publication sample to the exclusive licensee and the agent thereof within 14 days, except where the
domicile or residence of the owner, the exclusive licensee or the agent thereof is unknown.
Article 18
The Copyright Competent Authority revoking or abolishing approval pursuant to Article 71 of the
Act, shall publicize its decision and notify the applicant, the owner of the economic rights to the
musical work and the agent thereof. If the musical work has been exclusively licensed, the exclusive
licensee and the agent thereof shall be notified.
The Copyright Competent Authority shall first inform the applicant to state his/her opinion within a
specified deadline before the revocation or abolishment of approval stated in the preceding
Paragraph.
Article 19
These Regulations shall come into force from the date of promulgation. |