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Authored by: Charmaine Koo
Did you know?
Nearly 2 decades after amendments to update Hong Kong’s copyright law were first proposed, the discussion on improving copyright protection in Hong Kong to take account of the digital environment, has been re-opened. 2 previous bills in 2011 and 2014 failed to pass due to public concerns that the introduction of a “communication right” would impact on freedom of speech and misunderstanding of copyright law.
The Government published a consultation paper on 24 November 2021 reintroducing the key legislative proposals set out in the 2014 Bill including new copyright exceptions for parody, satire, caricature and pastiche.
Why does this matter to you?
Hong Kong’s copyright law is significantly behind the international trend and it seems likely that the third time could be the charm.
The key proposals set out in the 2014 Bill were:
The current consultation also raises 4 other topical issues not covered in the previous Bills:
The paper makes clear that this consultation is just the beginning of reactivating a long overdue exercise to enhance copyright protection. The rapid developments in technology in the recent years means that new issues have already arisen, including copyright exceptions for text and data mining, and questions relating to AI and copyright. With the consultation period expiring on 23 February 2023, this is a good opportunity to look at the proposals with fresh eyes, taking account of new technology and the practical experience of other countries.
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