本法未規定者,適用其他法律之規定。
Article 1 This Act is specifically enacted for the purposes of protecting the rights and interests of authors with respect to their works, balancing different interests for the common good of society, and promoting the development of national culture.
Matters not provided for herein shall be governed by the provisions of other acts.
第2條 本法主管機關為經濟部。
Article 2 The competent authority under this Act is the Ministry of Economic Affairs.
著作權業務,由經濟部指定專責機關辦理。
The Ministry of Economic Affairs shall appoint a specialized agency in charge of copyright matters.
第3條 本法用詞定義如下:
Article 3 For the purposes of this Act the following definitions shall apply:
一、著作:指屬於文學、科學、藝術或其他學術範圍之創作。
1. "Work" means a creation that is within a literary, scientific, artistic, or other intellectual domain.
三、著作權:指因著作完成所生之著作人格權及著作財產權。
3. "Copyright" means the moral rights and economic rights subsisting in a completed work.
四、公眾:指不特定人或特定之多數人。
4. "The public" or "a public" means unspecified persons or multiple specified persons; provided, this does not apply to multiple persons of a household and the household′s normal social acquaintances.
但家庭及其正常社交之多數人,不在此限。
4. "The public" or "a public" means unspecified persons or multiple specified persons; provided, this does not apply to multiple persons of a household and the household′s normal social acquaintances.
五、重製:指以印刷、複印、錄音、錄影、攝影、筆錄或其他方法直接、間接、永久或暫時之重複製作。
5. "Reproduce" means to reproduce directly, indirectly, permanently, or temporarily a work by means of printing, reprography, sound recording, video recording, photography, handwritten notes, or otherwise.
This definition also applies to the sound recording or video recording of scripts, musical works, or works of similar nature during their performance or broadcast, and also includes the construction of an architectural structure based on architectural plans or models.
於劇本、音樂著作或其他類似著作演出或播送時予以錄音或錄影;或依建築設計圖或建築模型建造建築物者,亦屬之。
5. "Reproduce" means to reproduce directly, indirectly, permanently, or temporarily a work by means of printing, reprography, sound recording, video recording, photography, handwritten notes, or otherwise.
This definition also applies to the sound recording or video recording of scripts, musical works, or works of similar nature during their performance or broadcast, and also includes the construction of an architectural structure based on architectural plans or models.
六、公開口述:指以言詞或其他方法向公眾傳達著作內容。
6. "Public recitation" means to communicate the content of a work to the public by spoken words or other means.
七、公開播送:指基於公眾直接收聽或收視為目的,以有線電、無線電或其他器材之廣播系統傳送訊息之方法,藉聲音或影像,向公眾傳達著作內容。
7. "Public broadcast" means to communicate to the public the content of a work through sounds or images by means of transmission of information by a broadcasting system of wire, wireless, or other equipment, where such communication is for the purpose of direct listening reception or viewing reception by the public.
This includes any communication, by transmission of information via a broadcasting system of wire, wireless, or other equipment, to the public of an original broadcast of sounds or images by any person other than the original broadcaster.
由原播送人以外之人,以有線電、無線電或其他器材之廣播系統傳送訊息之方法,將原播送之聲音或影像向公眾傳達者,亦屬之。
7. "Public broadcast" means to communicate to the public the content of a work through sounds or images by means of transmission of information by a broadcasting system of wire, wireless, or other equipment, where such communication is for the purpose of direct listening reception or viewing reception by the public.
This includes any communication, by transmission of information via a broadcasting system of wire, wireless, or other equipment, to the public of an original broadcast of sounds or images by any person other than the original broadcaster.
八、公開上映:指以單一或多數視聽機或其他傳送影像之方法於同一時間向現場或現場以外一定場所之公眾傳達著作內容。
8. "Public presentation" means to use single- or multiple-unit audiovisual devices, or other methods of transmitting images, to simultaneously communicate the content of a work to the public at the place of transmission or at a specified place outside the place of transmission.
九、公開演出:指以演技、舞蹈、歌唱、彈奏樂器或其他方法向現場之公眾傳達著作內容。
9. "Public performance" means to act, dance, sing, play a musical instrument, or use other means to communicate the content of a work to a public that is present at the scene.
This includes any communication to the public of an original broadcast of sounds or images through loudspeakers or other equipment.
以擴音器或其他器材,將原播送之聲音或影像向公眾傳達者,亦屬之。
9. "Public performance" means to act, dance, sing, play a musical instrument, or use other means to communicate the content of a work to a public that is present at the scene.
This includes any communication to the public of an original broadcast of sounds or images through loudspeakers or other equipment.
十、公開傳輸:指以有線電、無線電之網路或其他通訊方法,藉聲音或影像向公眾提供或傳達著作內容,包括使公眾得於其各自選定之時間或地點,以上述方法接收著作內容。
10. "Public transmission" means to make available or communicate to the public the content of a work through sounds or images by wire or wireless network, or through other means of communication, including enabling the public to receive the content of such work by any of the above means at a time or place individually chosen by them.
十一、改作:指以翻譯、編曲、改寫、拍攝影片或其他方法就原著作另為創作。
11. "Adaptation" means to create another work based upon a pre-existing work by translation, musical arrangement, revision, filming, or other means.
十二、散布:指不問有償或無償,將著作之原件或重製物提供公眾交易或流通。
12. "Distribution" means, with or without compensation, to provide the original of a work, or a copy thereof, to the public for the purpose of trade or circulation.
十三、公開展示:指向公眾展示著作內容。
13. "Public display" means to display the content of a work to the public.
十四、發行:指權利人散布能滿足公眾合理需要之重製物。
14. "Publication" means to distribute a sufficient number of copies of a work by the rights holder to satisfy a reasonable level of public demand.
十五、公開發表:指權利人以發行、播送、上映、口述、演出、展示或其他方法向公眾公開提示著作內容。
15. "Public release" means to publicly issue of the contents of a work to the public, by the rights holder, through publication, broadcast, presentation, recitation, performance, display, or other means.
十六、原件:指著作首次附著之物。
16. "The original" or "an original" means the object to which a work is first fixed.
十七、權利管理電子資訊:指於著作原件或其重製物,或於著作向公眾傳達時,所表示足以確認著作、著作名稱、著作人、著作財產權人或其授權之人及利用期間或條件之相關電子資訊;以數字、符號表示此類資訊者,亦屬之。
17. "Electronic rights management information" means electronic information presented on the original or copies of a work, or at the time of communication of content of a work to the public, sufficient to identify the work, the name of the work, the author, the economic rights holder or person licensed thereby, and the period or conditions of exploitation of the work, including numbers or symbols that represent such information.