The Impacts of Copyright Protection Term Extension in Taiwan - Focusing on Trans-Pacific Partnership Agreement
| Autor: | Min-Chian Cheng, 鄭閔謙 |
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| Rok vydání: | 2016 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 104 In recent years, the global circumstance of regional economic integration is flourishing. Among them is the Trans-Pacific Partnership Agreement (TPP), in which Taiwan is actively preparing to join. According to TPP Article 18.63 published by the United States, each TPP party shall provide that during the term of copyright protection, if the duration of the term is to be calculated on the basis of the life of a natural person, the term shall be not less than the life of the author and seventy years after the author’s death. However, Taiwan has a different provision. According to Taiwans Copyright Act Article 30, economic rights endure for the life of the author and fifty years after the authors death. Therefore, this article primarily focuses on the impact of Taiwan extending its copyright protection term when joining TPP. First, in order to understand the main international convention for the copyright duration, chapter two focuses on the Berne Convention, the Rome Convention, the Universal Copyright Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights. Further in chapter three this article discusses the founding history, development history, and current situation of TPP. Chapter three also describes Taiwan’s internal discussions on the TPP and copyright issues, including specifications of the copyright protection term. Second, chapter four introduces the current regulations with respect to the copyright term in different countries, including the Europe Union, the United States, Japan and Singapore. This article uses the experiences of other countries as a reference to understand the impacts of extending the term of copyright protection. Chapter five explores history, existing norms and the evolution of the system on copyright protection term in Taiwan and further illustrates the impacts of its extension in Taiwan if joined the TPP. Finally, chapter six draws four conclusions on the impacts of copyright protection term extension in Taiwan: leading to cultural public domain atrophy, having disadvantage in participating in international competition, increasing readers’ cultural consumption cost, and shifting the market toward homogenization. In addition, this article tries to provide some recommendations for the next amendment, such as recovering voluntary copyright registration system, having conditional restrictions on the exercise of moral rights, promoting diversity development of cultural and creative industries, and following the example of Singapore in legislating the transitional provisions for the copyright protection term. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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