Annotated Republic of China Laws/Copyright Act/Article 65

Copyright Act Republic of China (Taiwan) Law Article 65 ../Article 63/ ../Article 69/ Promulgated full amendment on 1992-06-10 zh:著作權法 (民國81年5月立法6月公布)#第四款 著作財產權之限制 Article 65Derived from 2003 text. In determining whether the exploitation of a work complies with the provisions of Articles 44 through 63, all circumstances shall be taken into account, and in particular the following facts shall be noted as the standard for determination: 1. The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion exploited in relation to the work as a whole. 4. Effect of the exploitation on the work's current and potential market value. Promulgated full amendment on 1998-01-21 zh:著作權法 (民國86年立法87年公布)#第四款 著作財產權之限制 Article 65Derived from 2003 text. Fair use of a work shall not constitute infringement on economic rights in the work In determining whether the exploitation of a work complies with the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the standard for determination: 1. The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion exploited in relation to the work as a whole. 4. Effect of the exploitation on the work's current and potential market value. Promulgated amendment on 2003-07-09 zh:著作權法 (民國92年)#第四款 著作財產權之限制 Article 65http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=427 Copyright Act 2003-07-09 Laws & Regulations Database of The Republic of China Ministry of Justice (Taiwan) 2016-11-23 Fair use of a work shall not constitute infringement on economic rights in the work. In determining whether the exploitation of a work complies with the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination: 1. The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes. 2. The nature of the work. 3. The amount and substantiality of the portion exploited in relation to the work as a whole. 4. Effect of the exploitation on the work's current and potential market value. Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph. In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters. Promulgated amendment on 2014-01-22 Article 65http://law.moj.gov.tw/ENG/LawClass/LawSearchNo.aspx?PC=J0070017&DF=&SNo=65 Copyright Act: Article 65 2014-01-22 Laws & Regulations Database of The Republic of China Ministry of Justice (Taiwan) 2016-11-23 Fair use of a work shall not constitute infringement on economic rights in the work. In determining whether the exploitation of a work complies with the reasonable scope referred to in the provisions of Articles 44 through 63, or other conditions of fair use, all circumstances shall be taken into account, and in particular the following facts shall be noted as the basis for determination: 1.The purposes and nature of the exploitation, including whether such exploitation is of a commercial nature or is for nonprofit educational purposes. 2.The nature of the work. 3.The amount and substantiality of the portion exploited in relation to the work as a whole. 4.Effect of the exploitation on the work's current and potential market value. Where the copyright owner organization and the exploiter organization have formed an agreement on the scope of the fair use of a work, it may be taken as reference in the determination referred to in the preceding paragraph. In the course of forming an agreement referred to in the preceding paragraph, advice may be sought from the specialized agency in charge of copyright matters. Annotated by Wikibooks