| Legislative： |
1.Adopted and issued on September 24, 2010, per Order No. Jing-Zhi-Zi-09904605970 of the Ministry of Economic Affairs
2.Article 3 amended and issued on March 11, 2021, per Order No. Jing-Zhi-Zi-11004601050 of the Ministry of Economic Affairs |
| Content： |
Article 1
These Regulations are adopted pursuant to Article 24, Paragraph 5 of the Law for the Development
of the Cultural and Creative Industries (hereinafter"the Act").
Article 2
Pursuant to Article 24, Paragraph 1 of the Act, the following documents shall be submitted when
applying for a license:
1. An application form.
2. A sample of the work the applicant wishes to exploit.
When special circumstances such as the size, fragility, or cost of the sample make it either
inconvenient or impossible to submit a sample of the work as required under subparagraph 2 of the
preceding paragraph, the applicant may state the reasons and enclose a detailed written description
of the work, photographs of the work taken from four, five, or six perspectives, or other substitutes
for the sample.
Article 3
The application form of Paragraph 1, subparagraph 1 of the preceding article shall contain the
following information, and shall be signed or sealed by the applicant or the applicant's agent:
1. The applicant's name or entity name, date of birth or date of establishment, and domicile or
residence; in the case where the applicant is a juristic person, the name of the juristic person's
representative.
2. When the application is filed by an agent, the agent's name or entity name and domicile or
residence; in the case where the agent is a juristic person, the name of the juristic person's
representative.
3. The type, content, and name of the work to be exploited, and the name or entity name of the
economic rights holder and the author of the work; the name of the work, and the name or entity
name of the economic rights holder and the author need not be provided if unknown.
4. A statement of the cultural or creative product to be produced through exploitation of the work.
5. A statement of the method of calculating royalties.
6. A statement indicating all efforts have been exhausted to locate or contact the economic rights
holder.
7. A statement of any prior public release of the work to be exploited.
The statement under subparagraph 5 of the preceding paragraph shall include each of the following:
1. The amount of royalties that have been paid for the exploitation of works of a similar type in the
market.
2. The intended scope of exploitation of the work.
3. The anticipated valuable consideration or other means of yields by which the exploiter expects to
benefit from the transactions involving the exploiter's cultural or creative product.
4. The number of times, and the period for which, the work is to be exploited.
5. The proportion of the work to be exploited that the exploiter intends to use in the cultural or
creative product to be produced.
6. Any other explanatory statements as may be required by the competent copyright authority.
The statement under subparagraph 6 of Paragraph 1 shall at least include each of the following:
1. The applicant has inquired with a related copyright organization(s) or agency(ies) regarding the
name or entity name, domicile or residence, and other related information of the economic rights
holder of the work to be exploited, and the organization(s) or agency(ies) concerned has responded
that the desired information cannot be ascertained, or given no response after 30 days from the date
on which the documents requesting the information were sent.
2. The applicant has placed an announcement in a newspaper or on the competent copyright
authority’s website, or has used other appropriate methods to search publicly for the economic rights
holder or related information, and received no response after 10 days from the date on which the
announcement was placed or the public search conducted.
The announcement or other form of public search referred to in subparagraph 2 of the preceding
paragraph shall contain each of the following:
1. A statement of the intention to search publicly for the economic rights holder or related
information, and the purpose in doing so.
2. The applicant's name or entity name, and contact information; in the case where the applicant is a
juristic person, the name of the juristic person's representative.
3. The type, content, and name of the work being searched for, and the name or entity name of the
economic rights holder and the author of the work; the name of the work, and the name or entity
name of the economic rights holder and the author need not be provided if unknown.
Article 4
Under any of the following circumstances, the competent copyright authority shall notify the
applicant to make a supplementation or correction within a specific deadline:
1. Fees have not been paid in accordance with regulations.
2. The application form has not been signed or sealed by the applicant or the applicant's agent.
3. The information required in the application has not been provided or is incomplete.
4. The information provided in the application does not conform with the attached documents or the
sample of the work provided.
5. Other matters that require supplementation or correction.
Article 5
Under either of the following circumstances, the competent copyright authority shall reject the
application with a written explanation of the reasons:
1. The subject of the application does not comply with Article 24 of the Law for the Development of
the Cultural and Creative Industries.
2. The competent copyright authority has set a specific deadline for supplementation or correction in
accordance with the preceding article, and the applicant has failed to meet the deadline, or has met
the deadline but the application nevertheless remains incomplete.
Article 6
When the competent copyright authority approves the licensing of the work, it shall at the same time
approve the royalty for its use. It shall notify the applicant in writing and publicly announce the
information on its website.
The applicant may not exploit the work for which it has received licensing unless it has deposited
royalties for its use in the amount approved pursuant to the preceding paragraph.
Article 7
When the competent copyright authority handles an application for licensing pursuant to these
Regulations, it shall still perform the necessary verification procedures.
Article 8
Applications for licensing made pursuant to these Regulations shall be submitted using the
documents and forms designated by the competent copyright authority.
An applicant that submits any document in a foreign language shall also attach a Chinese translation
or a translation of the relevant portions.
Article 9
These Regulations shall come into force from the date of their issuance. |