Opinion‎ > ‎

About the "Internet Article 23"

posted 16 Jan 2016, 13:13 by Hong Kong Independence Party
Copyright ( Amendment ) Bill 2014 ( Internet Article 23 )


Copyright ( Amendment ) Bill 2014 is used for updating the copyright system of Hong Kong to confirm the development of technology and overseas, keep closer with international trends. For examples, European Union, Australia, Britain, Singapore, New Zealand and Canada. However, in this bill, it is not following international trends. Let us talk about the content of Copyright ( Amendment ) Bill 2014.


First, the bill set out there are only copyright owners have the right to disseminate their works. It means non-copyright owners disseminate the works from others will have a chance to afford criminal responsibility. If a citizen download a movie without authorization by the copyright owners and upload to YouTube, it is a piracy. The copyright owners and staff of law enforcement will have the right to charge that citizen. Moreover, the bill set out that copying the essence part of the works is already a piracy but the definition of essence part is very vague. Second creation of joking types, citizen have a second creation by using the original of copyright, is it a piracy? Exemptions point out citizens have to quote the sources, but it doesn’t set an index or quantity of quoting sources. Even quoted the related sources, the staff of law enforcement still can charge the citizens by harming the interests of copyright owners. Furthermore, the bill set out there are six exemptions of parody, satire, pastiche, caricature, quotation and reporting or commenting on current events, how about have a cover of other singers seriously? Is it a piracy? Political second creation is it reporting or commenting on current events? The exemptions of the bill is unclear and narrow in range. It cannot protect the rights of netizens.


Therefore, Copyright ( Amendment ) Bill 2014 should include UGC User Generated and Fair Use from US and Canada to balance and protect the rights of netizens and copyright owners. As second creation is a due freedom and right of citizens, any second creations can meet the requirement of non-profit creation, not affecting the market and the interests of the original work, no excessive use of the original work, and lists the contents of the original work references, it should be exempted. Otherwise, the bill will become a tool of rulers to harm the freedom of speech and freedom of internet. When the freedom of speech of the citizens is controlled, Hong Kong will become a place for the dictator to abuse the power.