Passing of copyright bill urged
Updated: 2015-12-18 10:21
By Luis Liu in Hong Kong(HK Edition)
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The Hong Kong Copyright Alliance on Thursday urged the city's legislature to pass the Copyright (Amendment) Bill 2014 to better combat online piracy - declaring that the bill will benefit both creative industries and the public.
Meanwhile, quorum bell peals rang all through the morning in the Legislative Council sessions for the second reading of the bill.
The alliance warned that without specific legislation on Internet piracy - which has been introduced in most jurisdictions of the world - Hong Kong's creative industries would further shrink and global investors would walk away from the city.
It urged the lawmakers to give up their filibustering tactics at the legislature.
"The city is in urgent need to establish a legal base as technology development has largely outpaced existing laws in this digital era," said John Medeiros, chief policy officer of Cable and Satellite Broadcasting Association of Asia, a member of the alliance.
Total revenues of the movie and television industry in Hong Kong shrank from HK$680 million in 2003 to HK$185 million last year, according to industry figures.
The situation was even worse for the comics and animation industry, where revenue has dropped from HK$700 million in 2007 to less than HK$100 million so far this year.
The alliance also voiced objections to proposed amendments by some legislators. It said lawmakers should first pass the bill and then organize public consultations on the last-minute suggestions, as the city had already been waiting for nine years to catch up with other developed countries.
The three amendments include the "fair use" doctrine copied from the US, the "contracts over rights" clause from the UK and the exemption of user-generated content, which is copied from Canada.
The current bill had offered "fair dealing" exceptions for quotation, commentary, parody, satire, caricature and pastiche. However, opponents still feared the new law would curb freedom of expression, especially on the Internet.
According to her interpretation of the bill, Hong Kong Bar Association Chairwoman Winnie Tam Wan-chi - the city's leading senior intellectual property counsel - said residents do not need to worry about freedom of speech and expression as they are guaranteed under both the Basic Law and Bill of Rights.
These fundamental laws always trump any copyright legislation, Tam said.
The scope of a "fair use" exemption, which has been implemented in only five jurisdictions globally, makes it possible for uses outside the recognized public interest categories to be assessed against relevant circumstances, Tam said.
However, she added that "fair use" comes with a certain price, as satirical uses and uses to comment on current affairs are not exempted. The flexibility it offered would introduce more uncertainty, which may leave both rights holders and users at risk.
The copyright alliance was formed by 16 local organizations representing the music, film, TV, comics and animation, software and information technology sectors.
luisliu@chinadailyhk.com
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Police officers patrol outside the Legislative Council Complex as lawmakers reconvene to discuss the second reading for Copyright (Amendment) Bill 2014 on Thursday. Roy Liu / China Daily |
(HK Edition 12/18/2015 page7)