In order to promote his own restaurant, John searched out Mary’s blog in which Mary posted her articles and photos concerning her good experience in John’s restaurant. Do John’s acts infringe Mary’s copyrights?
Mary’s articles and photos as mentioned above belong to “literary work” and “photographic work” which are protected by copyrights. John posted Mary’s articles and photos on his own website for others’ browsing. It relates to the Acts of “reproduction” and “public transmission” mentioned in the copyrights. Because the rights of “reproduction” and “public transmission” belong to the copyright owners, John should get Mary’s license or consent before using her works in addition to the reasonable use of one’s work as stipulated in Article 44 to Article 65 of the Copyright Act, or such use will be deemed as an infringement of copyrights.
However, if John only provides the link about Mary’s articles and photos on his own website and let others link to Mary’s website from his, it will NOT infringe Mary’s copyrights. John does not have to get Mary’s license or consent for such a link.
Source: TIPO Newsletter issued on February 05, 2014
(http://www.tipo.gov.tw/public/epaper/113/ePaper113_ep7914.htm#.507504)
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
