Review of Certain Provisions of Copyright Ordinance
CONTENTS
Page
Foreword i
Chapter 1 Copyright Exemption 1
Chapter 2 Scope of Criminal Provisions Related to 8 End-user Piracy
Chapter 3 End-user Liability Associated with Parallel 12 Imported Copies
Chapter 4 Defence for Employees against End-user 16 Criminal Liability
Chapter 5 Proof of Infringing Copies of Computer 19 Programs in End-user Piracy Cases
Chapter 6 Circumvention of Technological Measures for 22 Copyright Protection
Chapter 7 Rental Rights for Films 26
Chapter 8 Issues Relating to the World Intellectual 30 Property Organization Internet Treaties
Appendix I Sections 38 and 39 of the Copyright 35 Ordinance (Cap 528)
Appendix II List of Proposed Improvements on Certain 37 “Permitted Acts” Provisions in the Copyright Ordinance following the Public Consultation Exercise in 2001
Summary 39
Foreword
FOREWORD
During the discussion of the Copyright (Amendment) Bill 2003 (the 2003 Bill) in the Legislative Council, some owners of copyright works advocated that the existing scope of criminal liability for using infringing copies for business (end-user criminal liability) should be expanded, whereas users of copyright works expressed grave concerns about the adverse impact of any expansion on dissemination of information and education. Both parties agreed that the subject of expansion in the scope of end-user criminal liability could be further examined together with the subject of exemptions for copyright restricted acts. To enable these related issues to be widely discussed and thoroughly considered, we proposed and the Legislative Council agreed to delete from the 2003 Bill all provisions related to end-user criminal liability.
2. As the issues of copyright liability and exemption carry wide social implications and require a delicate balance to be struck between the interests of owners and those of users of copyright works, we would like to hear the views of the community before we formulate proposals in these aspects. This consultation document sets out the main issues related to end-user criminal liability, copyright exemption and a number of other aspects in the Copyright Ordinance which require a review.
3. The Government has an open mind on how the various issues raised should be addressed. The considerations and options floated in this consultation document serve to stimulate public discussion and are not meant to be exhaustive. We welcome any views from the community.
4. An electronic copy of this document is available at the following websites –