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At a procession today (December 4), netizens expressed concerns about the Copyright (Amendment) Bill 2011. A spokesman of the Commerce and Economic Development Bureau made the following response:
"The Government reiterates that the Bill does not contain any provision that targets 'derivative works'. Nor will there be less room for freedom of expression on the Internet. An act in the digital world that does not fall into the criminal net today will remain so after enactment of the Bill.
"As and when the current legislative exercise is completed, the Government stands ready to examine the case for introducing a copyright exception for 'derivative works' in consultation with relevant stakeholders, taking into account the approach adopted in other common law jurisdictions.
"Hong Kong is obliged to ensure that all copyright exceptions meet the test stipulated in the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization. The proposal to bring in a copyright exception for 'derivative works' is liable to change substantially the balance of interests between copyright owners and users. Meanwhile, a widely accepted approach for dealing with matters including the definition of 'derivative works' and qualifying conditions for granting an exception is yet to emerge. On balance, the Government favours the route of prudence, i.e. we should conduct a thorough discussion and public consultation before deciding whether a legislative proposal on copyright exception for 'derivative works' ought to be put forward."
Ends/Sunday, December 4, 2011
Issued at HKT 18:06
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