In order to legally use works of unknown rights holders, Article 24, Paragraph 1 of the "Development of the Cultural and Creative Industries Act" clearly stipulates that if an user does its best effort but fails to obtain a valid authorization from the copyright owner due to either the identity or the location of the copyright owner being unknown, the user shall clarify the reason for its failure to obtain such authorization to the copyright competent authority (Ministry of Economic Affairs, MOEA). After the completion of an investigation conducted by the copyright competent authority, the user may utilize the work within the permitted scope if the user has deposited the amount needed for usage remuneration and obtained the permission and authorization from the copyright competent authority. Hence, the "Regulations Governing Application for Approval of License of Works of Unknown Owner of Copyrights and Royalties for Use Thereof" are hereby promulgated on 24 September 2010 to regulate the application process and the calculation method of remuneration.
In order to simplify and smooth the application procedure of the licensing authorization for the use of works of unknown rights holders, to promote the utilization of unknown works and to facilitate the development of cultural innovation industry, Article 3 of Regulations Governing Application for Approval of License of Works of unknown Owner of Copyrights and Royalties for Use Thereof is amended. The main points are as follows:
I. The names of works of unknown rights holders need not be provided if cannot be certain or nameless after publicly searching for the economic rights holder or related information of unknown works.
II. Shortened the waiting time from 30 days to 10 days if no response is received after publicly searching for the economic rights holder or related information of unknown works.
III. Amending the 30 days duration started right after the applicant sending out the documents requesting the information to a related copyright organization(s) or other agency(ies) regarding the name or entity name, domicile or residence, and other related information of the economic rights holder of the work to be exploited, and the organization(s) or agency(ies) concerned has responded that the desired information cannot be ascertained, or given no response instead of after 30 days of receiving the documents requesting the information.
IV. Adding the website of the competent copyright authority for advertising and searching for the economic rights holder or related information of unknown works.