THURSDAY, JANUARY 6, 1994
LAW REFORM COMMISSION PUBLISHES REPORT ON COPYRIGHT
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THE LAW REFORM COMMISSION TODAY (THURSDAY) PUBLISHED ITS REPORT COPYRIGHT WHICH COVERS A WIDE RANGE OF ISSUES RELATING ΤΟ BROADCASTING, LITERARY WORKS, VIDEOTAPES AND COMPUTER PROGRAMS.
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THE REPORT IS THE RESULT OF SIX YEARS OF HARD WORK COMMISSION AND ONE OF ITS SUB-COMMITTEES.
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IT WAS STATED IN THE REPORT THAT HONG KONG'S PRESENT LAW IS BASED ON THE UNITED KINGDOM COPYRIGHT ACT OF 1956, WHICH IS NOW INADEQUATE TO COPE WITH RECENT DEVELOPMENTS IN TECHNOLOGY, SUCH AS THE INTRODUCTION OF CABLE TELEVISION.
INTERNATIONAL COPYRIGHT STANDARDS HAVE EVOLVED WITH THE INTRODUCTION OF NEW CONCEPTS SUCH AS "MORAL RIGHTS" (THE RIGHT BE IDENTIFIED AS AUTHOR OR A WORK AND ΤΟ OBJECT ΤΟ ITS DEROGATORY TREATMENT).
IN THE REPORT, THE COMMISSION ARGUES THAT IT IS IMPORTANT THAT HONG KONG CONTINUES TO ALIGN ITSELF WITH INTERNATIONAL NORMS AND HAS THEREFORE IN MANY AREAS CHOSEN TO FOLLOW THE PROVISIONS OF THE UNITED KINGDOM COPYRIGHT, DESIGNS AND PATENTS ACT 1988, WHICH COMPREHENSIVE REVIEW OF COPYRIGHT LAW IN LINE WITH STANDARDS.
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THE COMMISSION POINTS OUT, MUCH ΤΟ BE SAID FOR FOLLOWING ENGLISH LAW IN ORDER TO BENEFIT FROM CASE LAW DEVELOPMENT THERE.
AMONG CHANGES PROPOSED IS THE IMPOSITION OF LIABILITY NOT ONLY ON THE OCCUPIER OF PREMISES WHERE AN INFRINGING PERFORMANCE HAD TAKEN PLACE, BUT ALSO ON THE SUPPLIER OF APPARATUS OR THE COPY OF THE FILM OR SOUND RECORDING.
WHILE MUCH OF THE COMMISSION'S REPORT IS HIGHLY TECHNICAL, THERE ARE A NUMBER OF AREAS WHERE THE COMMISSION'S RECOMMENDATIONS ARE LIKELY TO AFFECT THE MAN-IN-THE-STREET:
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THE COMMISSION REJECTS THE IDEA OF A BLANK TAPE LEVY, A PROPOSAL FAVOURED BY COPYRIGHT OWNERS WHICH WOULD HAVE IMPOSED A LEVY ON BLANK TAPES IN RETURN FOR WHICH PURCHASERS WOULD HAVE BEEN FREE TO TAPE COPYRIGHT MATERIAL.
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THE COMMISSION, HOWEVER, PROPOSES THAT VIDEOTAPING OF BROADCAST SOLELY ΤΟ ENABLE IT TO BE VIEWED AT A MORE CONVENIENT TIME SHOULD BE PERMITTED.
THE COMMISSION RECOMMENDS THAT THE LAW SHOULD ALLOW COPYING OF A REASONABLE PROPORTION OF A PRINTED WORK.
AT PRESENT, THE PHOTOCOPYING OF EVEN A LIMITED EXTRACT FROM A PUBLISHED WORK BREACHES THE PUBLISHER'S COPYRIGHT.
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