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COPYRIGHT IN THAI WORKS HELD BY A HONG KONG CORPORATION IS PROTECTED BY ROC LAW
In a recent case, the Taipei District Court held that copyright assigned to a Hong Kong company in musical works previously published by Thai nationals is protected under the ROC's Copyright Law.
Global Music and Media (Asia) Co., Ltd. (GMM), a Hong Kong company, acquired copyright in three musical works comprising lyrics and music which had each been composed, published and disseminated by Thai nationals.
GMM brought an action for copyright infringement after Power Promotion International Co. Ltd. (PPI), without authorization from GMM, adapted and recorded the three Thai songs with Chinese lyrics and sold them on CD and tape albums. In its judgement, the Taipei District Court stated that under the Copyright Law, where works of ROC nationals enjoy copyright in another country whether by treaty, agreement, or the laws or practices of that country, then works of nationals of that country also enjoy copyright under the Copyright Law. Since works of natural and juristic persons of Taiwan do enjoy copyright in Hong Kong, the works of a Hong Kong juristic person can enjoy copyright in Taiwan under the Copyright Law. This is also expressly stated in the Statute Governing Relations with Hong Kong and Macao.
Furthermore, according to a written interpretation by the Ministry of the Interior, as the ROC continues to have a reciprocal copyright relationship with the Hong Kong Special Administrative Region, works of Hong Kong juristic persons continue to enjoy protection in Taiwan even after the transfer of sovereignty over Hong Kong. As GMM lawfully acquired copyright in the three Thai songs concerned, its rights are protected by the Copyright Law, and the court found that PPI had infringed GMM's copyright.