Copyright (Amendment) Bill 2014 (Chinese: 2014年版權（修訂）條例草案) broadly refers to a set of proposed ordinances regulating the internet in Hong Kong. Under debate is the legality of derivative works popular on the internet, including doujin drawings, kuso, parodies, and the modification and adaptation of the lyrics in Hong Kong. Because of the upsurge of derivative work, the Hong Kong Government has amended related legislations in order to regulate the Internet, as well as legislation extending coverage to the existing network of Internet users. The bill was also dubbed the Internet Article 23 (Chinese: 網絡23條) after the controversial Article 23 of the Basic Law which stroke curbing personal freedom.
A Bill to amend the Copyright Ordinance to provide for the rights to communicate a work or performance to the public by a copyright owner or performer; for limiting an online service provider's liability; for acts that may be done without infringing copyright or performers' rights; for additional factors in considering whether additional damages should be awarded in an action for infringement; and for related matters.
Report of the Bills Committee on Copyright (Amendment) Bill 2014
Related legislation
Copyright Ordinance Personal Data (Privacy) Ordinance Control of Obscene and Indecent Articles Ordinance Prevention of Child Pornography Ordinance
Status: Halted
Many people believe that related regulations will let the derivative work bear criminal responsibility easily, including the modified or adapted song or pictures. As a result, it strived to public opposition. Due to the opposition, the Government shelved the amendment in May 2012. By July 2013 the Government launched a consultation once again in order to let people discuss on how this type of "parody works" can be exempted from criminal responsibility.
Control of Obscene and Indecent Articles Ordinance, over the problems of online sharing of pornographic movies and pictures;
Prevention of Child Pornography Ordinance, over the problems of sharing information to children under 16 years old such as pornographic animations.
Discussionedit
On the controversial topic of whether allowing derivative work in Hong Kong, intense debate occurs in the city. People who are against re-creation deem it necessary to introduce legislation to regulate or even prohibit derivative work, with an aim to protect the reputation and interest of the original author. They criticized those involved in derivative work for not respecting copyright.[2] Those against the law amendment reasoned that derivative works encompass too broad a spectrum for the legal restrictions to be justified, and that the amended law could stifle mass creativity, violating the freedom of creation. Criticisms about the emphasis on self-interest of productions were also fired, stating that the new law shows a lack of consideration for the public's right to enjoy derivatives and inhibits the expression of opinions about the original work.[3] It has also been brought out that the original author has the right to distribute their work, which includes the prohibition of use, adaptation, selling and all kinds of derivation. As it depends on the acknowledgement of the author, it is doubtful as to whether derivative works violate copyright.
Re-consultation on Internet Article 23edit
On July 11, 2013, based on the issue users concern most about the amendment of the Copyright Ordinance, kuso work, the Government published the consultation document and offers three options, launched a three-month public consultation.
The first option has the same concessions proposed by the Government last year. Parody commonly disseminated on the Internet nowadays would likely fall outside the criminal net given that they would not normally displace the market of the copyright work and distribution of the same would unlikely cause “more than trivial economic prejudice” to the copyright owner. The second option specifies that the prejudicial distribution offense shall not apply to parodies, as long as the distribution in question meets the qualifying condition. The third option is recommended that, in accordance with Australia, Canada and the United Kingdom's experience and method, the distribution of parody would not infringe copyright and hence would not attract any criminal liability, as long as the act is considered as fair dealing.[4]
On the same day, the Keyboard Frontline and the Concern Group of Rights of Derivative Works issued a joint declaration stated that they have received an email from the Intellectual Property Department in the afternoon on July 10, inviting related organizations concerned with the amendment of Copyright Ordinance to Central Government Offices at 11:30 am on July 11 to discuss parody issue of Copyright (Amendment) Bill. They believe that the Government invited them in less than 24 hours, questioned its sincerity, and suspected that the Government didn't welcome the organization opposing Copyright (Amendment) Bill 2011 and created the illusion of "consulted with the opposition". They said "very dissatisfied" and boycotted the meeting, reaffirmed that they urge the Government to fully exempt the legal responsibility of derivative work.
Related issuesedit
The aim of distributing Internet Article 23 to boycott subordinate work On 3 June 2011, the Hong Kong government distributed the draft of Copyright (Amendment) Bill 2011 form in the Gazette. In the draft, it incorporated the netizens "parody" and other innovative works in the optional encroachment go. It at that point draw a ton of contention, the netizens felt that it would deny their right to speak freely and imaginative which ought to be secured by the Basic Law. There was much controversy among the society, the majority of the netizens tended to beg differ with the draft while some of the copyright holder tended to support. CHAN Kam-lam, one of the legislative councilors in Hong Kong said that he agreed with the draft, tons of kuso targeting Chan then being created and published online.
Netizens launched demonstrations to show their stands concerning the derivative work On 4 December 2011, some social movement organizations like Keyboard Frontline and Netizens Power launched a demonstration which aimed to show their discontent about the draft of Copyright (Amendment) Bill 2011 version which defined derivative work as Criminal charge without any consultation in the society. Soon, the Government said that the second round debate of the draft will be restarted in the Legislative Council. Once again, the netizens launched another demonstration to show disagree and for this time, they even demonstrated to Central Government Offices.
Referencesedit
^"Copyright (Amendment) Bill 2014" (PDF). Hong Kong Government Gazette.
The Control of Obscene and Indecent Articles Ordinance
Prevention of Child Pornography Ordinance
January 01, 1970
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This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article may be written from a fan s point of view rather than a neutral point of view Please clean it up to conform to a higher standard of quality and to make it neutral in tone January 2016 Learn how and when to remove this message The neutrality of this article is disputed Relevant discussion may be found on the talk page Please do not remove this message until conditions to do so are met January 2016 Learn how and when to remove this message Learn how and when to remove this message Copyright Amendment Bill 2014 Chinese 2014年版權 修訂 條例草案 broadly refers to a set of proposed ordinances regulating the internet in Hong Kong Under debate is the legality of derivative works popular on the internet including doujin drawings kuso parodies and the modification and adaptation of the lyrics in Hong Kong Because of the upsurge of derivative work the Hong Kong Government has amended related legislations in order to regulate the Internet as well as legislation extending coverage to the existing network of Internet users The bill was also dubbed the Internet Article 23 Chinese 網絡23條 after the controversial Article 23 of the Basic Law which stroke curbing personal freedom Copyright Amendment Bill 2014Legislative Council of Hong KongLong title A Bill to amend the Copyright Ordinance to provide for the rights to communicate a work or performance to the public by a copyright owner or performer for limiting an online service provider s liability for acts that may be done without infringing copyright or performers rights for additional factors in considering whether additional damages should be awarded in an action for infringement and for related matters Considered byLegislative Council of Hong KongLegislative historyIntroduced bySecretary for Commerce and Economic Development Gregory SoIntroduced13 June 2014First reading18 June 2014Committee reportReport of the Bills Committee on Copyright Amendment Bill 2014Related legislationCopyright OrdinancePersonal Data Privacy OrdinanceControl of Obscene and Indecent Articles OrdinancePrevention of Child Pornography OrdinanceStatus Halted Many people believe that related regulations will let the derivative work bear criminal responsibility easily including the modified or adapted song or pictures As a result it strived to public opposition Due to the opposition the Government shelved the amendment in May 2012 By July 2013 the Government launched a consultation once again in order to let people discuss on how this type of parody works can be exempted from criminal responsibility Contents 1 Provisions 2 Discussion 3 Re consultation on Internet Article 23 4 Related issues 5 References 6 External linksProvisions editThe Bill amends various legislations including 1 Copyright Ordinance over the digital online copyright infringement Personal Data Privacy Ordinance over the online human flesh search engine problems Control of Obscene and Indecent Articles Ordinance over the problems of online sharing of pornographic movies and pictures Prevention of Child Pornography Ordinance over the problems of sharing information to children under 16 years old such as pornographic animations Discussion editOn the controversial topic of whether allowing derivative work in Hong Kong intense debate occurs in the city People who are against re creation deem it necessary to introduce legislation to regulate or even prohibit derivative work with an aim to protect the reputation and interest of the original author They criticized those involved in derivative work for not respecting copyright 2 Those against the law amendment reasoned that derivative works encompass too broad a spectrum for the legal restrictions to be justified and that the amended law could stifle mass creativity violating the freedom of creation Criticisms about the emphasis on self interest of productions were also fired stating that the new law shows a lack of consideration for the public s right to enjoy derivatives and inhibits the expression of opinions about the original work 3 It has also been brought out that the original author has the right to distribute their work which includes the prohibition of use adaptation selling and all kinds of derivation As it depends on the acknowledgement of the author it is doubtful as to whether derivative works violate copyright Re consultation on Internet Article 23 editOn July 11 2013 based on the issue users concern most about the amendment of the Copyright Ordinance kuso work the Government published the consultation document and offers three options launched a three month public consultation The first option has the same concessions proposed by the Government last year Parody commonly disseminated on the Internet nowadays would likely fall outside the criminal net given that they would not normally displace the market of the copyright work and distribution of the same would unlikely cause more than trivial economic prejudice to the copyright owner The second option specifies that the prejudicial distribution offense shall not apply to parodies as long as the distribution in question meets the qualifying condition The third option is recommended that in accordance with Australia Canada and the United Kingdom s experience and method the distribution of parody would not infringe copyright and hence would not attract any criminal liability as long as the act is considered as fair dealing 4 On the same day the Keyboard Frontline and the Concern Group of Rights of Derivative Works issued a joint declaration stated that they have received an email from the Intellectual Property Department in the afternoon on July 10 inviting related organizations concerned with the amendment of Copyright Ordinance to Central Government Offices at 11 30 am on July 11 to discuss parody issue of Copyright Amendment Bill They believe that the Government invited them in less than 24 hours questioned its sincerity and suspected that the Government didn t welcome the organization opposing Copyright Amendment Bill 2011 and created the illusion of consulted with the opposition They said very dissatisfied and boycotted the meeting reaffirmed that they urge the Government to fully exempt the legal responsibility of derivative work Related issues editThe aim of distributing Internet Article 23 to boycott subordinate work On 3 June 2011 the Hong Kong government distributed the draft of Copyright Amendment Bill 2011 form in the Gazette In the draft it incorporated the netizens parody and other innovative works in the optional encroachment go It at that point draw a ton of contention the netizens felt that it would deny their right to speak freely and imaginative which ought to be secured by the Basic Law There was much controversy among the society the majority of the netizens tended to beg differ with the draft while some of the copyright holder tended to support CHAN Kam lam one of the legislative councilors in Hong Kong said that he agreed with the draft tons of kuso targeting Chan then being created and published online Netizens launched demonstrations to show their stands concerning the derivative work On 4 December 2011 some social movement organizations like Keyboard Frontline and Netizens Power launched a demonstration which aimed to show their discontent about the draft of Copyright Amendment Bill 2011 version which defined derivative work as Criminal charge without any consultation in the society Soon the Government said that the second round debate of the draft will be restarted in the Legislative Council Once again the netizens launched another demonstration to show disagree and for this time they even demonstrated to Central Government Offices References edit Copyright Amendment Bill 2014 PDF Hong Kong Government Gazette Copyright Crackdown Dictionary of Politically Incorrect Hong Kong Cantonese Key Points of the Consultation Paper on ParodyExternal links editThe Copyright Ordinance Personal Data Privacy Ordinance The Control of Obscene and Indecent Articles Ordinance Prevention of Child Pornography Ordinance Retrieved from https en wikipedia org w index php title Copyright Amendment Bill 2014 amp oldid 1124161367, wikipedia, wiki, book, books, library,
