A Study on the Protection of Public Communication Right Under Taiwan Copyright Act From the Perspective of WTO Dispute Settlement Case--United States – Section 110(5) of the U.S. Copyright Act

• Main Author: 王貞懿
• Other Authors: Ming-Tong Luo
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/73137528638135254553

碩士 === 國立交通大學 === 科技法律研究所 === 95 === ABSTRACT Public communication right is an economic right of copyrights in a nonmaterial form. And as the new technology develops, all kinds of work are likely to be communicated more extensively. New technology of broadcasting sounds and images, moreover, intensify the possibility of such communication. With the facilitation of satellite and cable system, the performance and display of works can be communicated to every corner of the planet. Because of such characteristic that public communication right advances with times, it is necessary to re-examine and re-estimate the scope and definition of public communication continuously to prevent the infringement on the traditional exploitation resulted from newly-developed ways of exploitation. In a public establishment, in addition to the specific services, it is a common phenomenon that the proprietors provide music or TV programs to their customers. However, what kinds of copyrights are involved in such proprietors’ exploitation is still controvertible. The opinions of practitioners and scholars in Taiwan differ from each others’. Such inconsistent opinions on this issue may result in ambiguous scope of the right holders and anxiety of the exploiters. Since Taiwan has become a WTO member in 2002, the relevant regulations and doctrine regarding WTO Agreements such as TRIPs and its relevant understanding and research established and accumulated in the Dispute Settlement Cases are especially important. Therefore, the purpose of this article is going to probe into the issues regarding public communication in Taiwan from the perspective of the WTO Dispute Settlement Cases, namely United States – Section 110(5) of the US Copyright Act to understand the panel’s interpretation for Berne Convention and the international point of view regarding the protection of the public communication right through the research on United States – Section 110(5) of the US Copyright Act. Thereafter, based on the Panel’s legal opinion, this article will examine the practice and legal opinion regarding the protection of public communication right in Taiwan and provide advice on the application of Taiwan Copyright Act and its amendment in the future to solve the current issues with regard to public communication right in Taiwan.