Substantial changes made to Copyright Collective Management Organization Act in Taiwan

A modified Copyright Collective Management Organization Act in Taiwan, was promulgated on Feb 10, 2010.  The changes of most significance to COLCIA are: 1) their members are now allowed to license their works in parallel to licensing by COLCIA; 2) their tariffs are no longer required to be pre-approved by the Intellectual Property Office of Taiwan (TIPO).  These changes clear the field for the RRO to vastly expand its membership.  COLCIA, soon to be renamed COLCCMA, Chinese Oral and Literary Copyright Collective Management Organization, is currently the only sanctioned copyright collective management in its category in Taiwan.

The following summarizes the more significant changes:
1. The term Copyright Collective Management Organization (CMO) replaces the previous term of Copyright Intermediary Organization for an organization managing copyrights on rightholders' behalf.
2. A CMO is now allowed to manage multiple categories of copyrights.
3. Multiple CMOs of the same copyright category must provide a single licensing window with a unified licensing tariff.
4. The restriction is removed that prevents a member of a CMO licensing its rights in parallel to the CMO.
5. A CMO allowed to declare a new or modified tariff and make it effective by filing with TIPO.  TIPO would intervene to examine a tariff only upon objections from a copyright user, and during the period of tariff examination, the copyright users may pay a temporary licensing fee to avoid criminal and civil prosecution.  The licensing fee is to be adjusted according to the outcome of the tariff examination.

Full text of the modified Copyright Collective Management Organization Act can be accessed at:
http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=5044
Corresponding changes and other changes have also been made to Copyright Act, whose modified full text can be accessed at
http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=5041