Taiwan’s Intellectual Property Office (TIPO) under the Ministry of Economic Affairs has stated that street performers must obtain prior authorization from copyright holders before singing or playing music in public spaces. According to TIPO, playing music or performing with instruments on the street constitutes a “public performance” under the Copyright Act. Therefore, unless the performance falls under statutory “fair use” provisions, obtaining consent from the rightsholders or collective management organizations (CMOs) is strictly required. 

Particular attention is needed when using legally purchased backing tracks. Even if a performer uses a commercial karaoke machine designed for restaurants or subscribes to a commercial background music plan provided by online platforms for retail stores, the scope of such licenses typically does not cover public street performances. Furthermore, utilizing music apps explicitly labeled “for personal or home use only” during a street performance may violate the terms of service with the app providers, potentially exposing the performer to civil liability for breach of contract, and may also constitute copyright infringement. 

Currently, Taiwan has three CMOs managing musical works (compositions and lyrics) and two managing sound recordings. Since different songs are managed by various organizations, street performers must negotiate and obtain licenses individually from each respective CMO if their setlist includes works managed by different groups. TIPO further clarified that because copyright is a private right, any final determination regarding copyright infringement in specific disputes must be decided by judicial authorities. However, the office strongly advises performers to thoroughly verify their licensing scope prior to performing.