User:TaronjaSatsuma/sandbox
Commons:Copyright rules by territory/Taiwan
[edit]Background
[edit]The island of Taiwan was annexed by Qing China in 1683, then ceded to Japan in 1895. The Republic of China (ROC) assumed control of Taiwan in 1945 after Japan's defeat in World War II. In 1949, the government of the ROC fled to Taiwan from mainland China. In 1971, the ROC lost its seat in the United Nations to the People's Republic of China (PRC).
The copyright laws of the Republic of China are codified in the Copyright Act as amended on 15 June 2022, in effect in Taiwan, Penghu, Kinmen, and Matsu. A list of changes to copyright laws since 1928 is available at Wikibooks.
The original 1928 copyright law, as well as subsequent modifications prior to the 1985, required registration in order to receive copyright protection, as written in the Article 1. Since 1985, copyright protection in the Republic of China was automatic upon creation.
Therefore, for works created prior to 1985, the uploader must distinguish between registered and unregistered works. For the purpose of Wikimedia Commons, it is safe to assume registration for any work (movies, voice and musical records, books, magazines, and others) who received legal distribution in the RoC, especially during the times of the Martial Law. On the other hand, bootleg or censored works who never got a commercial release can be assumed to be unregistered. For works not intended to be exploited commercially, such as personal photographs, the situation is more difficult, and a proof of registration should be provided in the documentation if uploading it as a registered product.
Works created prior to 10 July 1985 and whose natural copyright term was expired under the 1928 copyright law, are considered in PD. For unregistered works, the 1985 text granted them copyright retroactively, and thus the general rules apply.
Template:PD-ROC-Registered
[edit]Works published prior to 10 July 1985
[edit]| Case | Date of publication | Copyright tag |
|---|---|---|
| Registered works by people dead by July 10, 1955 | until 10 July 1955 | Template:PD-ROC-Registered |
| Registered works by people dead by July 10, 1955 | from 11 July 1955 until 31 December 2001 | {{PD-Taiwan-expired}} + {{PD-old-auto-expired|deathyear=death year}} |
| Corporate works registered by July 10, 1955 | until 10 July 1955 | Template:PD-ROC-Registered |
| from 11 July 1955 until 10 June 1992 | Template:PD-ROC-Registered | |
| Photographic, audiovisual and records registered by July 10, 1975 | until 10 July 1975 | Template:PD-ROC-Registered |
| Translations registered by July 10, 1965 or before | until 10 July 1965 | Template:PD-ROC-Registered |
Template layout
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This file is now in the public domain in the Republic of China (Taiwan) because its term of copyright has expired there. According to articles 4 to 10 of the copyright laws of R.O.C. (1928-1966), under the jurisdiction of the Government of R.O.C. the copyright terms for Registered Works are as follows:
This work is in the public domain in the United States, because it was in the public domain in its source country on the URAA date (January 1, 2002). |
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