XN000022-1996-07-10 — Page 70

48.

Channels for identifying genuine copyright owners

Following is a question by the Hon James Tien and a written reply by the Secretary for Trade and Industry, Miss Denise Yue, in the Legislative Council today (Wednesday):

Question:

Reply:

Will the Government inform this Council:

(a)

(b)

Mr President,

(a)

(b)

what measures the Government has put in place to assist industrial and commercial establishments in identifying the copyright owner of a commodity in respect of which more than one firm claim that they own the copyright of the commodity concerned, so as to prevent such establishments from purchasing commodities without copyrights; and

of the department which is responsible for co-ordinating information about copyright owners of commodities such as songs, books, films and computer software; and what channel is available to the commercial sector for making enquiries about such information?

Copyright is a private right. Copyright subsists without the need for registration under the existing copyright law in Hong Kong. In line with international practice, the Government has not established any Copyright Register for recording information on copyright works and the copyright owners of such works. Accordingly, the Government does not have information on copyright ownership or transfer.

If two or more persons claim that they own the copyright in a certain commodity, the potential purchasers, be they industrial or commercial establishments, would have to ascertain the legitimacy of the claims, which are matters of evidence. It is always advisable for them to seek legal advice before making industrial or commercial decisions.

As explained, Government does not have information on copyright ownership or transfer and no government department is in a position to collate such information. Nevertheless, there are channels where potential purchasers of copyright works can make enquiries on the identity of the copyright owner. They are listed below:

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