This shows how dangerous the Copyright (Amendment) Law that without "Non-profit making User Generated Content“ exemption could be. (Credit：Ricky Chan@Keyboard Fronline)
Copyright and Derivative Works Alliance’s response to the 2014 Policy Address
Intellectual property comes with a price whilst freedom of expression is priceless
Mr. CY Leung, in his 2014 policy address, agrees that "creative industries have great potential" and promises to "strive to enhance their overall competitiveness" (para 32 of the 2014 policy address). On the other hand, under Chapter 8 of the policy agenda, CY Leung proposes to "Upgrade the Technology Crime Division of the Police to form a new Cyber Security and Technology Crime Bureau in 2014." which causes the suspicion that the real purpose of forming a new bureau is to inhibit freedom of internet, expression and thought whereas the amendments of the copyright laws is the prelude of Internet Article 23.
The development of the creative industries depends not only on the protection of the intellectual property rights but also the individual’s rights of freedom of expression and thought. Regrettably, the 2014 policy address only mentions measures enhancing the IP protection regime (para 33 of the 2014 policy address) and totally neglects the importance of the freedom of expression and thought. The Alliance expresses our profound regret towards this kind of partial policy objective which favours only the copyright owners.
In regard of the recent consultation on the amendments of copyright law, the Alliance tries our very best to strike a balance between the citizens’ rights of freedom of expression and thought and the reasonable interests of the copyright owners. We, therefore, proposes a "Non-profit making User Generated Content“ exemption under the copyright law regime. To qualify for the exemption, one must fulfil three conditions, namely, (1) it must be used for the purpose of non-profit making; (2) the original work is not a work of copyright infringement, acknowledging the source of the original work; and (3) it does not affect the normal exploitation of the original work to the extent that it substitutes the original work.
The Alliance urges the government to take the citizens’ rights of freedom of expression and thought into account when formulating any strategies, measures, polices or laws concerning the development of the IP industry. Only then, shall the government be able to truly achieve its goals of "Let Youth Flourish“ and "Unleash Hong Kong’s Potential“.
Copyright and Derivative Works Alliance
16.1.2014
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