The Copyright Ordinance, known by netizens as the "23 Articles on the Internet", has been revised and restarted. The government proposes to add a "fair dealing" exemption clause to cover online activities for the purpose of parody, satire, creating comics and commenting on current affairs.
The Legislative Council Panel on Commerce and Industry discussed the relevant amendments today (19th), and DAB Member Wong Chun-shuk asked whether the authorities would give examples of exempted situations.
The Director of Intellectual Property, Mr Wong Fook-lai, said that there would be no definition of exempted elements, and both copyright owners and users considered this approach ideal.
When asked by Pakatan Harapan Legislative Council member Lam Kin-fung, whether the authorities will join the amendments related to the "Hong Kong National Security Law", the Secretary for Commerce and Economic Development Yau Tenghua pointed out that there is no need to add national security elements.
Yau Tenghua: Balance copyright owners and users
Fok Kaigang, a member of the sports, performing arts, culture and publishing circles, said that Hong Kong's copyright regulations are 10 years behind neighboring regions, and the industry is "waiting for a long time." device etc.
Yau Tenghua said that he understands that the failure of the 2014 amendments has disappointed and frustrated the industry. The amendments cannot satisfy everyone. Copyright owners and users sometimes confront each other, and the government will strike a balance. I hope this amendment Obtain parliamentary support and complete the deliberation as soon as possible.
Huang Junshuo pointed out that when the government proposed the amendment last time, many young people were worried that it would stifle the freedom of secondary creation. Even though this amendment proposes to exempt online activities such as parody, comedy and commenting on current affairs, the amendment does not set clear boundaries. Asked whether the authorities would provide practical examples.
According to Huang Fu, this issue has been extensively discussed in the last amendment to the law. Both copyright owners and users believe that it is ideal to not define exemptions. The court can consider the purpose, nature, potential market value of the copyright work and how many parts of the work are used. and other factors to make a fair assessment.
The amendments proposed by the authorities refer to foreign practices and do not see any ambiguity in foreign countries' exemptions.
The government proposed amendments to the Copyright Ordinance in 2014, but failed.
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The Copyright Ordinance does not need to include national security content for the time being
Lin Jianfeng agreed to revise the Copyright Ordinance as soon as possible. The revision is based on the 2014 draft. However, there have been many changes in the network ecology in recent years, such as the rise of online live broadcasts. I am concerned about whether the authorities will review the relevant laws and words.
He pointed out that Yau Tenghua had stated that he would not rule out adding details to the Copyright Ordinance in response to the "Hong Kong National Security Law", and was concerned about whether the amendment would include elements of the "National Security Law".
Yau Tenghua pointed out that the amendment bill was based on the 2014 draft because the Bills Committee had already agreed to the relevant draft, and the draft had gathered sufficient consensus, but stressed that the amendment bill would not stay in the 2014 situation.
He mentioned that after the implementation of the "National Security Law", the government has reviewed the existing legislation, such as the revised film censorship system. Any violation of the "National Security Law" will be dealt with in accordance with the "National Security Law", and there is currently no need to include it in the "Copyright Ordinance". Content related to the National Security Law.
Amendments to the Copyright Ordinance | The Commerce and Economic Affairs Bureau completed the consultation and submitted a draft in the first half of the year to continue to exempt the parody and satire Copyright Ordinance | How can secondary creation and meme images be considered "copyright infringement"?
The Copyright Ordinance is revised and consulted to improve the details. The Copyright Ordinance uses "common sense" to exempt the satire of second-time singer-songwriter Qing Tianlin: I may set a precedent.