| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 106 === The purpose of this thesis is to understand what rights we can claim. Most of the authors create their literature work regarding history, culture or some sentence and ideas in other books is based on copyright law with fair use doctrine, above the consultation, the copyright infringement depend on a case-by-case basis. Typically doctrine was registration, until now is authorship, its means created to be protection. The idea was not restricted to literature works, the original work represent the value of artistic in literature. To improve the development of Taiwan Literature works, it has should follow the international trend in copyright to revise national law. There are many international conventions about the copyright, such as The Berne Convention for the Protection of Literary and Artistic Works, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, WIPO Copyright Treaty and Agreement on Trade-Related Aspects of Intellectual Property Rights. Taiwan could not applicable to this international conventions until attended to the World Trade Organization in 2002. Taiwan indirectly applicable to TRIPs, Berne Convention and Rome Convention now.
In the light of advances in technology and the development of broadband network, the lapses in some national legislation because of the network literature and electronic publishing is growing. In order to fill a gap and update the law, administration referring to the legislation of other countries, and clarify the rules to establishing legal and policy frameworks consistent with international standards and norms was able to understand.
The conclusion of this article, the copyright laws of Taiwan in consonance with the international conventions about the copyright, especially to ensure the protection of copyright works in the digital age. Most importantly, this article involve writers in understanding what subject matters to present would be infringed and what the right could make representations.
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