With respect to new forms of digital infringement through set-top boxes and apps affecting the rights of copyright holders, the Legislative Yuan passed an amendment to Articles 87 and 93 of the Copyright Act on April 16, 2019 to expressly provide such new forms of infringement as copyright infringement. Moreover, such new aspect of infringing conducts are linked to criminal responsibilities. Related business owners should be aware.

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Specifically, if one intends to provide the public online access to publicly-broadcasted or transmitted copyright-infringing works through methods such as advertisement or other proactive measures to instigate, induce, incite, or persuade the public to exploit such works under one of the following circumstances and results in such person's gain, such act is deemed to constitute copyright infringement:

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1. Providing the public access to computer programs which collect network addresses of such works: for example, putting apps that collect network addresses of infringing works on network platforms.

2. Directing, assisting, or presetting the path for the public to make use of the aforementioned computer programs: for example, although a set-top box does not have a computer program which collects network addresses of infringing works, it presets a path for the public to make use of such computer programs.

3. Making, importing, or selling equipment or instrument which is loaded with the aforementioned computer programs: for example, making, importing, or selling set-top boxes that collect infringing works.

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Therefore in the future, providing computer programs, relevant equipment, or instruments that provide infringing works, or, though not providing computer programs, but facilitating access to such works for the public, will constitute copyright infringement. Pursuant to the amendment, infringers may be sentenced to an imprisonment of less than two years, a short-term imprisonment, or a fine of less than NT$500,000.

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