Motion Picture Law

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←Laws of the Republic of China Motion Picture Law
Note: This version is dated on June 12, 2002 and does not include changes effective on January 7, 2004.


The Motion Picture Law (Republic of China)

  • Promulgated by the President Order Hua Tsung (1) Yi No. 000222660 November 14, 2001
  • Revision of Article 5 promulgated by the Presidential Order Hua Tsung (I) Yi No. 09100075680 on April 24, 2002.
  • Addition of Article 50 bis, and revision of Articles 6, 8, 10, 14, 17, 18, 27, 30, and 46 promulgated by the Presidential Order Hua Tsung (I) Yi No. 09100119140 on June 12, 2002.

Contents

[edit] Chapter 1 General Principles

Article 1
  • This law has been specially formulated for regulating and providing guidance to motion picture enterprises as well as promoting the development of the motion picture art, in order to disseminate Chinese culture, expound national policy, fulfill its social educational function, and advocate healthy recreation. Matters not provided for in this Law shall be governed by the provisions of other pertinent laws.
Article 2
  • The terminologies used in this Law are defined as follows:
  1. Motion picture enterprise refers to motion picture production, distribution, screening, or an industrial enterprise.
  2. Motion picture production enterprise refers to an enterprise with the purpose of producing motion picture.
  3. Motion picture distribution enterprise refers to an enterprise with the purpose of engaging in the buying, selling or rental of motion picture.
  4. Motion picture screening establishment refers to an enterprise whose principal business involves the issuance and sale of gate tickets for the showing of films.
  5. Motion picture industrial enterprise refers to an enterprise with the purpose of supplying equipment, facilities or techniques for motion picture production.
  6. Workers engaged in the motion picture industry refer to those who participate in the planning, scripting, directing, acting, and other aspects of films production.
  7. Motion pictures include film transcriptions, film converted into smaller gauges, and film adaptations.
  8. Domestically- produced motion picture refers to a standard Chinese-language motion picture production of a domestic company established by a Republic of China national that is scripted, directed, and acted by ROC nationals.
  9. Domestic motion picture refers to a standard Chinese-language motion picture that is produced and acted by Republic of China nationals in other countries.
  10. Foreign motion picture refers to any motion picture other than domestically- produced or domestic motion pictures.
Article 3
  • The responsible person of a motion picture enterprise shall be a graduate from a secondary or tertiary school, or have equivalent qualifications. This limitation does not apply to those already registered as responsible persons of motion picture enterprises before this Law takes effect.
Article 4
  • The following persons shall not be the responsible person of a motion picture enterprise:
  1. Those who have committed sedition or treason and have been convicted, or whose arrest has been ordered and whose case is still pending.
  2. Those who have been sentenced to a prison term of one year or more for committing the offense of fraud, breach of faith, or misappropriation, or for violating the laws governing industrial and commercial activities, and who have completed their prison term less than two years ago.
  3. Those who have been sentenced to at least a fixed prison term for violating the law in the course of motion picture production, distribution or screening, and who have completed their prison term less than two years ago.
  4. Those who have been convicted of committing the offense of graft or malfeasance of office, and who have completed their prison term less than two years ago.
  5. Those who have been declared bankrupt and whose rights have not yet been restored.
  6. Those who have been declared incapable of conducting their affairs or as having limited capability to do so.
Article 5
  • The term "authority in charge" as used in this Law shall be the Government Information Office of the Executive Yuan at the central government level; the special municipal government of a special municipality; and the county or city government of a county or city.
  • Article 50 bis

When imported foreign motion pictures have caused or might cause severe damage to our motion picture enterprises, the central authority in charge shall implement the following assistance measures:

  1. establish a domestic film guidance fund;
  2. organize and subsidize chain screening establishments of or stipulate screening ratios for domestically produced motion pictures;
  3. mediate reasonable profit-sharing ratios between motion picture screening establishments and distribution enterprises;
  4. establish relevant measures to develop the motion picture industry; and
  5. implement other measures to promote and maintain the development of the motion picture industry.
  • The central authority in charge shall issue the rules governing the investigation and verification of damage or possible damage and the assistance measures mentioned in the preceding paragraph.

[edit] Chapter 2 Motion Picture Production Enterprises

Article 6
  • Before applying for company registration, a motion picture production enterprise shall apply to the central authority in charge for permission and shall have a permit issued.
  • The application requirements and necessary documents to be submitted for company registration by a motion picture production enterprise, as mentioned in the preceding paragraph, shall be issued by the central authority in charge.
Article 7
  • Except for enterprise that produce exclusively non- dramatic films, a motion picture production enterprise shall complete at least one feature- length film each year beginning in the second year of its registration. This provision may be waived upon the submission of proper reasons to the central authority in charge and on receiving its approval.

[edit] Chapter 3 Motion Picture Distribution Enterprises

Article 8
  • Before applying for company registration, a motion picture distribution enterprise shall apply to the central authority in charge for permission and a permit.
  • The application requirements and necessary documents to be submitted for company registration by a motion picture distribution enterprise, as mentioned in the preceding paragraph, shall be issued by the central authority in charge.
Article 9
  • A motion picture distribution enterprise shall distribute at least one motion picture each year beginning from the day of company registration.

[edit] Chapter 4 Motion picture Screening Establishments

Article 10
  • Before applying for company or business registration, a motion picture screening establishment shall apply to the authority in charge in a special municipality, county, or city, and shall receive a permit. The same requirement applies for the reconstruction of a motion picture screening establishment.
  • A motion picture screening establishment shall apply to the special municipality, county, or city authority in charge for a new permit when it increases, reduces, or partitions its screening halls.
  • The procedures, requirements, and necessary documents to be submitted in the application for the permit mentioned in Paragraph 2 shall be stipulated by the central authority in charge.
Article 11 (Deleted)
  • A motion picture screening establishment shall present domestically- produced motion pictures in accordance with the ratio stipulated by the central authority in charge.
Article 12
  • A motion picture screening establishment shall screen films and slides promoting government policy and public service in accordance with the stipulations by the central authority in charge.
Article 13
  • A motion picture screening establishment shall follow the stipulations set by the central authority in charge regarding the number of movie screenings, the interval between screenings, and the length of time for cleaning and presenting advertisements.
Article 14
  • A motion picture screening establishment shall display its screening license at the screening site during every film screening. Motion picture screening enterprises jointly screening a motion picture shall submit the screening license prior to screening to the special municipality, county or city authority in charge and apply for a screening certificate, which shall serve as a screening license.
  • The special municipality, county or city authority in charge shall photocopy the screening license, stamp it with a note and the seal of the issuing authority, and issue it as the screening certificate mentioned in the preceding paragraph.
Article 15
  • A motion picture screening establishment shall conspicuously display the length of the film and the time of the screenings at the screening site during every film screening.
Article 16
  • A motion picture screening establishment shall not:
  1. Screen either in whole or in part a motion picture that has not been licensed for showing.
  2. Screen either in whole or in part a banned motion picture.
  3. Screen a motion picture that does not correspond with the reviewed and authorized title.
  4. Screening a motion picture the plot of which has been changed.
  5. Jointly monopolize the motion picture exhibition market.
  6. Use advertisements or promotional materials that have not been authorized.
Article 17
  • For motion pictures screened by institutions, schools and organizations, the provisions of Articles 14 and 16 shall apply mutatis mutandis. This limitation is not applicable to educational films that have been approved for screening by competent educational administrative authorities.
  • The provisions of Items 2 through 4 of Article 16 shall apply mutatis mutandis for the test screening of a motion picture by its possessor.
  • Institutions, schools, and organizations may not screen motion pictures for profit-making purposes.

[edit] Chapter 5 Motion Picture Industrial Enterprises

Article 18
  • Before applying for registration as a company or commercial enterprise, a motion picture industrial enterprise shall apply to the central authority in charge for permission, and then apply for factory registration as prescribed by law after receiving permission.
  • The category of the motion picture industrial enterprise, application requirements, and necessary documents to be submitted, as mentioned in the preceding paragraph, shall be stipulated by the central authority in charge.
Article 19
  • Rules governing motion picture industrial enterprises shall be set by central authority in charge.

[edit] Chapter 6 Motion Picture Industry Workers

Article 20
  • A worker in the motion picture industry shall apply for a certificate of registration in accordance with the stipulations set by the central authority in charge.
  • Those who have not received a certificate of registration shall not participate in planning, scripting, directing, or acting in domestically- produced motion pictures.
Article 21
  • A worker in the motion picture industry shall not make any statement or engage in any action that harms the nation or motion picture enterprises.

[edit] Chapter 7 Motion Picture Export and Import

Article 22
  • The export and import of motion pictures shall undergo review and have a permit issued by the central authority in charge.
  • The rules governing the granting of permits mentioned in the preceding paragraph shall be determined by the central authority in charge.
Article 23
  • Imported foreign motion pictures shall be dubbed in standard Chinese or have Chinese subtitles superimposed during commercial screenings.

[edit] Chapter 8 Motion Picture Reviews

Article 24
  • Except for educational films that are approved and permitted by the competent educational administrative authorities, no other motion picture that has not been reviewed, approved, and issued a screening license may be screened.
Article 25
  • When applying for the review of a motion picture, a completed application shall be submitted along with the following documents and review fees to the central authority in charge:
  1. Certificate of copyright in the case of a domestic or domestically- produced motion picture, or certificate of distribution rights in the case of a foreign motion picture.
  2. Synopsis of said motion picture.
  3. Certificate of customs payment for an imported foreign motion picture.
  4. Other documents required by law.
Article 26
  • A motion picture shall not:
  1. Harm the national interest or ethnic dignity.
  2. Violate national policy or government laws and regulations.
  3. Incite others to commit crime or violate the law.
  4. Harm the physical and mental health of juveniles or children.
  5. Disrupt public order or adversely affect good social customs.
  6. Advocate unfounded fallacies or mislead the public.
  7. Slander ancient sages and virtuous historical figures distort historical facts.
  • The revision, cutting or banning of a motion picture shall be ordered if it is found by the central authority in charge during its review to violate any provisions of the preceding paragraph.
Article 27
  • A screening license valid for four years shall be issued for a motion picture that has been reviewed and approved. If a screening license is lost, an application for the re-issuance of the license shall be filed with the central authority in charge.
  • An application for the issuance of an additional license shall be filed for every additional film print.
  • When the copyright or distribution right of a motion picture is transferred, the transferee shall submit the screening license and transfer contract to the central authority in charge to apply for a new screening license. The period of validity of the new license shall be the same as that of the original license.
Article 28
  • Application for review shall be made again for a motion picture in accordance with the provisions of article 25 in the event that :
  1. Its screening license has expired but it must still be screened.
  2. The plot of the motion picture has been altered during the valid period of the screening license.
  3. The reasons for its revision, cutting or banning no longer exist.
  4. A screening license has been issued after the first review of a motion picture and its title has been altered prior to its screening but during the effective period of the screening license.
Article 29
  • The central authority in charge may stop the screening of a motion picture that has been issued a screening license should the conditions indicated in any of the sections of Paragraph 1 of Article 26 arise due to a change in circumstances. The motion picture shall be reviewed again and new approval given.
Article 30
  • For a motion picture that has been found upon inspection to have none of the situations prescribed in Paragraph 1 of Article 26, the central authority in charge shall classify it in accordance with its contents and set restrictions on the age of the audience and other conditions, and these shall be noted in the screening license. The classification regulations shall be stipulated by the central authority in charge.
  • When screening a motion picture, a motion picture screening establishment shall place a notice of the motion picture classification in a prominent position. This requirement shall be enforced by the regulations mentioned in the preceding paragraph.
  • To enforce the requirements of the preceding paragraph, a motion picture screening establishment may ask the audience to produce certificates of age.
Article 31
  • The advertisements and promotional materials for a motion picture shall be submitted to the central authority in charge for review and approval prior to their use.
Article 32
  • During the screening of a motion picture, the authority in charge may dispatch personnel bearing identification documents to the screening site for inspection. Should they discover that the screening involves a matter wherein they should confiscate the motion picture according to this Law, it shall be confiscated by the authority in charge.
  • When a motion picture is confiscated by the authority in charge in a province, special municipality, county or city as called for in the preceding paragraph, the entire case shall be referred immediately to the central authority in charge for consideration and action.

[edit] Chapter 9 Incentives and Guidance

Article 33
  • A motion picture produced by a film production enterprise shall be cited for:
  1. Contributing to the dissemination of Chinese culture and coordination with national policy.
  2. Being greatly effective in inspiring patriotic sentiment and boosting the morale of the people.
  3. Being profoundly meaningful in advocacies of ethics and morality and establishing proper social practice.
  4. Contributing tremendously to the development of the market for domestically- produced motion pictures and the promotion of cultural exchange.
  5. Performing with distinction when entered in international film exhibitions and winning honor for the nation.
Article 34
  • A motion picture distribution enterprise shall be cited for:
  1. Frequently distributing motion pictures that disseminate Chinese culture, inspire patriotic sentiment, and promote ethics and morality.
  2. Making notable contributions by frequently distributing high- quality motion pictures.
  3. Making notable contributions by expanding the market for domestically- produced motion pictures and promoting cultural exchange.
Article 35
  • A motion picture screening establishment shall be cited for:
  1. Displaying activeness in matching government policy by screening promotional films on such policies.
  2. Frequently presenting motion pictures that disseminate Chinese culture, inspire patriotic sentiment, and promote ethics and morality.
  3. Maintaining good safety facilities, and a clean and orderly screening site.
Article 36
  • A motion picture industrial enterprise shall be cited for:
  1. Making tremendous contributions to the invention and manufacture of motion picture equipment.
  2. Making tremendous contributions to the improvement of motion picture production techniques.
  3. Having substantial achievements in the development of international business operations.
Article 37
  • A worker in the motion picture industry shall be cited for:
  1. Well-known meritorious accomplishments in the dissemination of Chinese culture, inspiration of patriotic sentiment, and promotion of ethics and morality.
  2. Performing in an outstanding and exemplary way by winning honor for the nation or furthering social education.
  3. Making contributions by the innovation of a motion picture style or achieving a breakthrough in cinematic o production techniques.
Article 38
  • Except for those cases in which other laws are applicable and thus shall be handled accordingly, the citations mentioned in the preceding five articles shall be conferred by the central authority in charge in the form of certificates, medals, trophies, or monetary awards.
Article 39
  • As motion picture enterprises are deemed cultural enterprises, the central authority in charge shall promote their development by providing guidance in:
  1. Their participation in international film exhibitions.
  2. Their participation in domestic and international professional seminars on motion pictures.
  3. The selection and publication of outstanding scripts and motion picture stories.
  4. The development of markets for domestically- produced motion pictures.
  5. The organization of fact- finding groups for foreign visits.
  6. The sponsoring of international film exhibitions.
  7. Assisting the organization of training sessions and advanced studies abroad for workers in the motion picture industry.
  8. The promotion and establishment of a motion picture research fund.
  9. The promotion of other affairs related to motion picture enterprises as accorded to other cultural enterprises.
Article 40 (Deleted)
  • In order to promote the development of domestically- produced motion pictures, a domestic picture guidance fund shall be collected from imported foreign motion pictures. The rules governing the collection of this fund shall be set by the central authority in charge.
Article 41
  • Rules governing the awarding and guidance of motion picture enterprises and workers in the motion picture industry shall be set by the central authority in charge.

[edit] Chapter 10 Penal provisions

Article 42
  • Those who produce, distribute, screen, or supply equipment, facilities and techniques without filing an application for a permit in accordance with the provisions of Articles 6, 8, 10 and 18, shall be fined more than NT$30,000 but less than NT$180,000, the motion picture or equipment and facilities shall be confiscated and the business closed.
Article 43
  • If a motion picture production enterprise violates the provisions of Article 7 and does not produce a motion picture within six months of written notification by the central authority in charge, its permit shall be revoked.
Article 44
  • A motion picture distribution enterprise that violates the provisions of Article 9 shall have its license revoked.
Article 45
  • A motion picture screening establishment shall be fined more than NT$60,000 but less than NT$600,000, and have its business suspended for more than five days but less than ten days, and shall have its license revoked in the case of series offenses, in the event that it:
  1. Violates the provisions of Articles 11, 14 or 16.
  2. Violates the provisions of paragraph 2 of Article 27, or Section 1 of Article 28.
  3. Violates the provisions of Article 12, 13, 15 or Paragraph 2 of Article 30.
  • The motion picture or promotional materials shall be confiscated in the case of Section 1 or 2 of the preceding paragraph.
Article 46
  • Those who violate the provisions of Article 17 shall be fined not less than NT$10,000 and not more than NT$60,000, and the motion picture shall be confiscated.
Article 47
  • The central authority in charge shall not accept an application to review a film production by a motion picture production enterprise that employs a person without a certificate of registration in the planning, scripting, directing or acting of said film.
Article 48
  • A worker in the motion picture industry who violates the provisions of Article 21 shall be issued a warning or barred from participating in the planning, scripting, directing or acting in a domestic or domestically- produced motion picture for more than three months but less than six months. Serious offenders shall have their certificates of registration revoked.
Article 49
  • A person who forges, illegally changes the contents of, or uses anther's screening license shall be fined more than NT$60,000but less than NT$6000,000, the motion picture shall be confiscated and his business operation suspended for a minimum of five days but not more ten days. His criminal responsibility shall be dealt with in accordance with pertinent laws.
Article 50
  • A motion picture that is confiscated in accordance with Article 42, Paragraph 2 of Article 45, or Article 46 or 49 shall be expropriated if it is found to involve any of the situations prescribed in Paragraph 1 of Article 26. If it is not found to violate Paragraph 1 of Article 26, the motion picture shall be returned after punitive action has taken.
Article 50 bis
  • The following motion pictures shall be destroyed periodically by the central authority in charge:
  1. Those that are confiscated pursuant to the preceding Article.
  2. Those that have not been returned and whose screening licenses have expired.
  3. The portion or portions of motion pictures that have been cut by the central authority in charge during review, for which no application has been made for its or their return according to regulation, and the screening licenses of said motion pictures have expired.
Article 51
  • In the event of violation of the provisions of Article 16 by a motion picture screening establishment or an exhibitor, whose motion picture, advertisements and promotional materials are provided by the motion picture possessor for screening o use, said motion picture owner who does not provide a screening license shall be similarly fined.
Article 52
  • The penalties provided for in this Law shall be executed by the central authority in charge. But the penalty prescribed in Section 3 of Paragraph 1 of Article 45 shall be executed by the authority in charge in a special municipality, county or city.
Article 53
  • If a fine imposed in accordance with this Law is not paid within the specified period of time as notified, the case shall be referred to the courts for compulsory enforcement.
Article 54
  • In the event that a party incurring a penalty refuses to comply with a suspension or closing of business in accordance with this Law, the assistance of the local police shall be requested to help enforce the penalty.

[edit] Chapter 11 Supplementary Provisions

Article 55
  • A motion picture enterprise established before the enactment of this Law that does not conform to this Law shall be required to comply with this Law within a specific period of time set by the central authority in charge. Those which do not comply within the specified period of time shall have their permits or licenses revoked.
Article 56
  • Applications for the issuance of permits, certificates of registration, screening license or for motion picture review in accordance with this Law shall be submitted with a license fee or review fee. The fees shall be set by the central authority in charge.
Article 57
Article 58
  • The Law shall come into force on the day of its promulgation.


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Source: http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=515&msgType=en

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