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Press Release(For immediate release)

15 June 2012

ALL SECTORS URGING THE GOVERNMENT TO TAKE THE INITIATIVE TO PROPOSE AMENDMENTS TO AND PASS THE COPYRIGHT (AMENDMENT) BILL AS SOON AS POSSIBLE

Copyright (Amendment) Bill 2011 has not yet been submitted to the Legislative Council for second reading because of public’s concern and controversy on some provisions of the Bill. We are urging the Government to submit the Bill to the Legislative Council again as soon as possible and pass it during this Legislative Council’s term.

It takes more than six years for the consultation of the Bill. The controversy is mainly on the “secondary use – parody” (戲仿式二次創作) which is not the core of the Bill. The major suggestions in the Bill are for Hong Kong’s real needs. Finding a way where the interests of all Copyright Industry Organizations, Internet Service Industry, Internet Users can be met, submitting and passing the Bill within this Legislative Council’s term is for the benefits of all parties and the society, including :-

Copyright Industry:
The Bill assists the Copyright Industry to efficiently bring prosecutions against real infringers, and reasonably protects the rights of the creators and copyright owners.

Internet Service Industry
The Bill clarifies the responsibility of an internet service provider as an intermediary communicator and be protected by “Safe Harbour” provisions so as to enhance the development of internet platform.

The Bill has comprehensive provisions on the protection of real “parody”. If the Government can take its initiative to propose amendments to exempt the relevant criminal liability on “parody”, users’ doubts can be cleared away.

HKSAR Government has the responsibility to pass an Ordinance regarding digital copyright which is accepted by all sectors and in conformity with international copyright law. The Ordinance would have a positive impact for the development of creative environment, protection of freedom of speech, and contents creation, artistic creation, information technology and telecommunications, and data center industry.

In view of the above, the following organizations jointly urge the Government to make further amendments to ensure “parody” be granted an exemption from the relevant criminal liability so as to remove the main obstacles in passing the Bill, and submit it to the Legislative Council during its current term for passage.

International Federation of Creativity and Technology Limited

International Federation of the Phonographic Industry Asian Regional Office

International Federation of the Phonographic Industry (Hong Kong Group) Limited

Hong Kong Recording Industry Alliance

Hong Kong Record Merchants Association Limited

Hong Kong Video Development Foundation Limited

Hong Kong Motion Picture Industry Association Limited

Movie Producers and Distributors Association of Hong Kong Limited

Hong Kong Professional Commons

Hong Kong Internet Society

Hong Kong Internet Service Providers Association

Hong Kong Information Technology Federation

Hong Kong Association of Interactive Marketing

Hong Kong Innovation Technology Preferred

DotAsia Organisation

Hong Kong Copyright Licensing Association

Hong Kong and International Publishers’ Alliance

Hong Kong Reprographic Rights Licensing Society

Hong Kong Comics & Animation Federation Limited

Hong Kong Youth Synergy

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