Recently, it has been observed that Taiwanese society has started to produce domestic adult videos frequently. However, the practice law currently holds that adult videos and other adult content works violate the legislative purpose of promoting national social and cultural development under the Copyright Act and are inconsistent with good customs. It denies adult videos as works subject to Copyright Act protection. If the film copyright owners want to pursue the legal liability of the piracy perpetrator, they have no clear basis and no way to seek compensation. There have even been lawsuits filed by the Japanese adult videos industry across the sea, and the problems are becoming increasingly serious. After 2012, there was a gradual loosening of restrictions in practice. In 2021, the Taiwan Chiayi District Court issued a criminal judgment affirming the property rights of adult videos. What's special about this case is that it was not a traditional DVD piracy, but a cracking of the Internet platform and an unauthorized transmission of the communication software LINE groups. This new approach has attracted attention and has added a new dimension to the fight for copyright in adult videos.
People have the right to create freely, and Japan, for example, is more open to the issue of adult videos, and there are authorities to assist in censoring adult videos and managing such issues. On the other hand, Taiwan's attitude towards adult videos is ambiguous, and even tends to veto and rely on the courts to change their opinions on a case-by-case basis. In this paper, Japan's respect, mature attitude, professional and legal procedures for adult videos copyright are worth further discussion and reference.
In recent years, many scholars have begun to pay attention to the issue of sex establishment protection. We should no longer avoid the future of copyright act and move towards a more open direction of discussion and development.
