| Legislative： |
1.Promulgated on March 8, 2022 |
| Content： |
Article 1 These guidelines are promulgated to regulate the use of Digitized Articles authorized by
the National Palace Museum (hereinafter referred to as “NPM “).
Article 2 Terminology:
1. Digitized Articles: The non-publicly disclosed Original Creative Culture Assets
(hereinafter referred to as “Original Assets” )and The Derivative Creative Culture
Assets (hereinafter referred to as “Derivative Assets” ), such as digital graphic files,
video archives, digital models or other Digitized Articles, which are created and in the
database of NPM, and are legally capable of being licensed to eligible applicants for
lawful usages.
2. Royalties: fees to be charged on applicants licensed to use Digitized Articles of NPM;
the amount of the fees shall be charged in accordance with the category, amount,
specification and scope of usage.
3. The Product: products or publications made by using the licensed Digitized Articles of
NPM.
Article 3 The standards of royalties to be charged for the use of the Digitized Articles are stipulated
in the Table of Royalty Standards for use of the Digitized Articles of NPM (“Royalty
Standards Table“), promulgated in accordance with Paragraph 3, Article 5 of the
Regulations for the Publicly Available Use of the Creative Culture Assets of NPM (“the
Regulations”).
NPM may charge fees for the application types not stipulated in the “Royalty Standard
Table” based on the same standard applicable to the analogous type listed in the Table.
NPM shall have the sole discretion to determine what is the category or type of the
Royalties applied for, whether the purpose of the Royalties applied for is for profit use or
a not for profit use, and whether the preferential Royalties is or is not available to the
Royalties applied for.
Article 4 Unless NPM directs or otherwise specified, the application for the Use of Digitized Articles
shall be made online in the following manner:
1. The Applicant shall apply through the Online Platform for the use of Digitized Articles
(hereinafter referred to as “Platform”).
2. The applicant shall choose the Digitized Articles through the Platform.
3. If the applicant claims the royalty preference according to paragraph 5 hereof, such
applicant shall upload relevant certifying documents as required to the Platform. If
there is any mistake or omission, the applicant shall make corrections within a limited
time period according to the notice from NPM.
4. The applicant shall sign the Affidavit of the Use of Digitized Articles from NPM
(hereinafter referred to as “the Affidavit”) through the Platform.
5. The applicant shall make the payments of Royalties through the Platform.
When the application is approved by NPM, a Certificate of the Permission to Use of
Digitized Articles and the receipt of royalties will be provided to the applicant by NPM.
Article 5 If a government agency, government-operated enterprise, or public law entity applies for
non-profit use of specified Digitized Articles, and requests to pay the Royalties at
preferential standard by a request letter sent to NPM in advance, the Royalties shall be
reduced to 30% of those specified in the Royalty Standard Table if such Royalties
preference request is approved by NPM.
If an applicant, which is a domestic public or private school, applies for non-profit use of
specified Digitized Articles, and requests to pay the Royalties at preferential standard by a
request letter sent to NPM in advance, the Royalties shall be reduced to 50% of those
specified in the Royalty Standard Table if such Royalties preference request is approved by
NPM.
If an applicant, which engages in the compilation of educational textbooks that shall be
approved by educational authorities as required by the laws or regulations applies for
non-profit use of specified Articles and requests to pay the Royalties at preferential
standard in advance, the Royalties shall be reduced to 50% of those specified in the
Royalty Standard Table if such Royalties preference request is approved by NPM.
If an individual applicant, who applies to use specified Digitized Articles for non-profit
academic research or for educational promotion purpose, applies to pay the Royalties at
preferential standard and uploads the front and back images of his/her current valid
student or faculty member identification card to the Platform, the Royalties shall be
reduced to 50% of those specified in the Royalties Standard Table if such Royalties
preference request is approved by NPM.
If the application is for purpose to use specified Digitized Articles for NPM’s own official
program, the applicant may request preferential status by uploading the electronic NPM’s
sign off file of “The Curation Process and Electronic Managing System “ for approval, and
the applied for use will be granted at no charge when approved, the Royalties shall be
free if such Royalties preference request is approved by NPM.
Article 6 The use of Digitized Articles from NPM is non-exclusive in principle.
The digital archives for Digitized Articles are divided into three levels, as designated and
published by NPM.
The scopes of usage shall be strictly confined by the contents stated and approved in the
Application and the Affidavit.
Article 7 Applicant is required to inscribe the name of “National Palace Museum,” in Chinese or
English (as the instructed in the appendix) in a visual spot as on The licensed Product.
Article 8 The Digitized Articles of NPM is provided by way of digital file through Cloud Drive. The
applicant shall download in fourteen days commencing from the date of making the
payments by himself after making the payments of Royalties. If the applicant does not
complete the download before expiration of the 14 day period, the applicant shall make a
de novo application and make the Royalties payments therefor.
Article 9 In any of the following events in using the digitized Article from NPM, NPM may terminate
the license and the applicant may not apply for using NPM’s digitized Articles within two
years thereafter. The Royalties or other fees already paid shall not be returned.
1. Violation of ROC laws and regulations.
2. Violation of Public policy and morality.
3. The use is inconsistent with the purposes specified in the Application or the Affidavit.
4. Licensing a third party to use the licensed Digitized Image without the consent of
NPM.
5. Failing to make the inscription prescribed in Article 7
6. Engaging in practices likely to damage the rights and interests of NPM
If any of the events described in the preceding paragraph causes damage to NPM, NPM is
entitled to claim compensation from the applicant.
The applicant shall also be held jointly liable for compensation inflicted by third person if
such damage to NPM by a third party is attributable to the applicant’s act whether is
intentionally or negligently.
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