Rethinking the Legislation of Copyright Registration in Taiwan —Learning from the U.S. Experience with Copyright Formalities

Rethinking the Legislation of Copyright Registration in Taiwan —Learning from the U.S. Experience with Copyright Formalities

 

Title
Rethinking the Legislation of Copyright Registration in Taiwan —Learning from the U.S. Experience with Copyright Formalities
Author
Hsin-An Yao
Keywords
Copyright Registration, Copyright Formalities, Registration
of Copyright Pledge, Copyright Recordation, Copyright Notice
Abstract
A few years after the provisions of copyright registration in the Taiwanese
Copyright Law had been abolished in 1998, people in Taiwan have started to think
about putting the system of copyright registration back in the Copyright Law again
due to its contribution and importance to the transaction security and market order.
In 2010, the Taiwanese Law for the Development of the Cultural and Creative Industries
took the lead in providing the provisions for registrations of pledges on
copyright originated from the cultural and creative industries. The Taiwanese Copyright
Law itself, even so, is not willing to completely readopt the system of copyright
registration. The U.S. Copyright Law, comparing to Taiwan, steadfastly preserves
copyright formalities even though it has to confront the severe pressure from
the Berne Convention. Is there any inalienable value that the Law must retain? This article will look into the provisions of copyright formalities in the U.S. Copyright
Law, analyze the merit and the demerit which copyright formalities have, and further
bring forth suggestions for the future legislation on copyright registration in
the Taiwanese Copyright Law.
Abstract Article

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