2021 年 12 月 1 日

Summary of No.804 Interpretation: Rules regarding “reproduction” and “CD reproduction” under the Copyright Act are constitutional (Taiwan)

Jane Tsai, Yuki Chiang and Lilian Hsu Regarding the interpretive issue of reproduction offenses, the justice held that the criminal liability imposed on offenders of illegal reproduction s; the six months minimum imprisonment against certain specified reproduction offenders; and the listing of CD reproduction s offenses as not an offense actionable only upon complaint does not violate the Legal Certainty principle, infringe personal freedom, and not in violation of the Principle of Equality respectively. Nonetheless, legislators shall still pay attention to whether past legislation is disconnected from societal realities and needs amendments.