Hong Kong's Commerce and Economic Development Bureau has refined its proposals to enhance copyright protection in the digital environment, which the government says takes into account views received on its preliminary proposals and the latest overseas developments.
In a paper submitted to the legislature on November 11, the bureau proposed a series of new measures designed to update Hong Kong's copyright law in a "technology neutral" way in view of the widespread use of digital platforms by content industries, such as the movie and music sectors, to distribute their works, and the development pace of new modes and technologies for content dissemination.
The bureau suggested criminal sanctions be available against those who initiate unauthorized communication of copyright works to the public in the course of business conducted for profit, or where it is made to such an extent as to affect prejudicially the copyright owners. However, there would be exceptions, such as in the education and library sectors, to facilitate the "reasonable use" of copyright works.
In dealing with online piracy, the bureau proposed introducing a statutory regime giving online service providers the assurance that compliance with certain conditions will qualify them for limitation of liability for copyright infringement. This regime will be underpinned by a code of practice which sets out the conduct expected of these providers when notified of infringing activities occurring on their service platforms. Those who observe the code will be deemed to have complied with the conditions.
The introduction of a media shifting exception limited to sound recordings is also proposed, under which the owner of a non-infringing copy of a sound recording may make one copy of that recording in each device they lawfully own for their personal and domestic use. However, the paper suggests that some conditions may have to be imposed to guard against abuse.
The bureau plans to table the amendment bill in Hong Kong's Legislative Council in the second half of next year.
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