The Copyright Law is amended, and operators providing set-top boxes or Apps which link to infringing websites will be deemed copyright-infringing (Taiwan)

Tiffany Hsiao

The Legislative Yuan adopted amendments to Article 87 and Article 93 of the Copyright Law (hereinafter, the “Law”) during the 9th Meeting of the 7th Session of the 9th Term of the Legislative Yuan on April 16, 2019.

These amendments are introduced to deter issues of malicious and material online infringement.  Article 87, Paragraph 1, Subparagraph 8 is added to the Law to stipulate that those who intend to provide access to the public to works publicly delivered or publicly transmitted by others apparently with the knowledge that such works infringe copyrights in the following manners shall be deemed infringing copyrights or plate rights and shall assume criminal liability punishable for up to two years in prison and/or a fine of up to NT$500,000: (1) providing a computer program for use by the public to use network addresses which aggregate such works; (2) providing guidance or assistance or any predetermined path to the public for using the computer program set forth in the preceding subparagraph; or (3) benefitting from manufacturing, importing or selling equipment or tools containing the computer program set forth in Subparagraph (1); or demonstrating the intent in Subparagraph (1) by using advertisements or other active measures to abet, lure, instigate or persuade the public to engage in such use.