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Numeric Limits For Copying Set In HK,
by Mary Swire, Tax-News.com, Hong Kong
Thursday, April 23, 2009
Hong Kong's government has proposed limits for copying and distributing copyright
works and will introduce them in the Copyright (Amendment) Bill 2009, to be
published on April 24.
A copying and distribution offence was added to the Copyright Ordinance in
June 2007. This made it illegal for someone to make copies of a printed copyright
work for distribution, without the licence of the copyright owner, for commercial
purposes on a regular or frequent basis.
The provision has yet to come into operation, pending the prescription of
numeric limits.
After extensive consultations with stakeholders - including the Hong Kong
Copyright Licensing Association, representing major newspaper and magazine publishers,
and the Hong Kong Reprographic Rights Licensing Society, representing major
book and journal publishers - the government arrived at the proposed copy-number
limits.
The limit for newspapers, magazines and periodicals, excluding academic journals,
is a maximum of 500 A4-size pages embodying infringing copies of copyright works
within any 14-day period.
The limit for books and academic journals is a maximum total retail value
of HKD6,000 (USD744) within any 180-day period, where the
retail value of a book (or an academic journal) or an article in an academic
journal would be counted towards the total retail value when the user makes
for distribution or distributes infringing copies of more than 25% of the number
of pages of the book (or the academic journal), or makes for distribution or
distributes infringing copies of a complete copy of the article.
The copying and distribution offence will not apply if the extent of copying
or distribution is within these prescribed limits. People who distribute copies
for commercial purposes without an appropriate licence may remain liable to
civil claims from copyright owners.
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