Annotated Republic of China Laws/Copyright Act/Article 91

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Copyright Act Republic of China (Taiwan) Law Article 91

Article 91-1→

Promulgated amendment on 2003-07-09

Article 91

A person who infringes on the economic rights of another person by means of reproducing the work with intent to profit shall be punished by imprisonment for not more than five years, detention, or in addition thereto a fine of not less than two hundred thousand and not more than two million New Taiwan Dollars.

A person who infringes on the economic rights of another person by means of reproducing the work without the intent to profit, where the number of copies reproduced exceeds five, or where the total amount of infringement calculated by the market value of lawful copies of the work at the time of seizure exceeds thirty thousand New Taiwan Dollars, shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto a fine of not more than seven hundred and fifty thousand New Taiwan Dollars.

A person who commits the offense in paragraph 1 by means of reproducing onto an optical disk shall be punished by imprisonment for not more than five years, detention, or in addition thereto a fine of not less than five hundred thousand and not more than five million New Taiwan Dollars.

Promulgated amendment on 2004-09-01

Article 91

A person who infringes on the economic rights of another person by means of reproducing the work without authorization shall be punished by imprisonment for not more than three years, detention, or in lieu thereof or in addition thereto a fine not more than seven hundred and fifty thousand New Taiwan Dollars.

A person who infringes on the economic rights of another person by means of reproducing the work without authorization with the intent to sell or rent shall be imprisoned not less than six months and not more than five years, and in addition thereto, may be fined not less than two hundred thousand and not more than two million New Taiwan Dollars.

A person who commits the offense in the preceding paragraph by means of reproducing onto an optical disk shall be imprisoned not less than six months and not more than five years, and in addition thereto, may be fined not less than five hundred thousand and not more than five million New Taiwan Dollars.

A work only for personal reference or fair use of a work does not constitute infringement of copyright.