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Title: Standards for Compensation for Fair Use of Works in Paragraph 3 of Article 47 of Copyright Act Ch
Date: 2023.02.14
Legislative: 1.Promulgated on January 23, 1998 per Letter No. Tai-(87)-Nei-Chu- Zi 8702053 of the Ministry of the Interior.
2.Amended on February 14, 2023 per Letter No. per Letter No. Jing-Zhi-Zi-11252000020 of the Ministry of Economic Affairs
Content: 1.These standards are set pursuant to the provisions of Paragraph 3, Article 47 of the Copyright Act 
(hereinafter referred to as "the Act").

2.Except as otherwise provided under these standards, the compensation for reproduction or 
compilation of  works pursuant to the provisions of Paragraph 1, Article 47 of the Act shall be 
calculated as follows:
(1)For literary and oral works: the calculation shall be based on the number of characters at the rate 
of NTD 1,250 for one thousand characters or fraction thereof.
(2)For photographic, artistic, or pictorial works: the calculation shall be based on the number of 
items, irrespective of the plate size, and regardless of whether the item is in black and white or color, 
at the rate of NTD 625 per item; if the work is to be used on front or back covers, NTD 1,250.
(3)For musical works: lyrics and music shall be calculated separately at the rate of NTD 2,500 per 
title.
(4)For works other than those referred to in the preceding (1), (2), and (3): the calculation shall be 
based on the proportion of the exploited work occupying the surface space on the page or plate at 
the rate of NTD 1,250 per page or plate ; or if a calculation can not be made on this basis, NTD 
1,250 per piece.

3.Compensation for adaptations pursuant to Paragraph 1, Article 47 of the Act shall be calculated 
based on the standards at one-half of the amount specified under the preceding provision.

4.Compensation for the public transmission of approved or edited paper textbooks by the preparer, 
pursuant to Paragraph 1, Article 47 of the Act, shall be calculated as forty percent of the amounts set 
forth in Provision 2.

5.Except as otherwise provided in these standards, the compensation for editing of supplementary 
teaching aids pursuant to Paragraph 2, Article 47 of the Act shall be separately calculated as follows:
(1)For sound recordings and audio visual works: NTD 2,500 for each three-minute period or 
fraction thereof.
(2)For works other than those specified in the preceding (1): one-half of the amount specified in the 
provisions of 2 and 3.

6.With respect to reproductions, compilations, adaptations, or public transmission pursuant to 
Paragraph 1, Article 47 of the Act, where the work exploited is a derivative work, and compensation 
is required to be paid for both the original work and the derivative work, the amount shall be 
calculated as seventy five percent of the amounts set forth in Provisions 2 to 4, depending on the 
type of exploitation.
With respect to reproductions, compilations, or adaptations pursuant to Paragraph 2, Article 47 of 
the Act, where the work exploited is a derivative work, and compensation is required to be paid for 
both the original work and the derivative work, the amount shall be calculated as seventy five 
percent of the amounts set forth in the preceding provision.

7.With respect to editing of textbooks or supplementary teaching aids pursuant to Paragraph 1 or 
Paragraph 2, Article 47 of the Act, if the subject falls under the rare subjects rewarded by the 
Ministry of Education, the amount of compensation shall be calculated at half of the amount 
specified in the Provisions 2 to the preceding provision.

8.Aforementioned standards should be reviewed at least once every five years.