TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 105

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

programmes, thus giving RTV its first opportunity to exercise its relay rights under its licence.

THE COPYRIGHT ISSUE

7. Existing Copyright Legislation: Copyright legislation

in the Colony is out of date and Hong Kong at present operates under the United Kingdom Copyright Act, 1911, as modified by the Hong Kong Copyright Ordinance, 1918, and the Fine Arts Copyright Ordinance, 1901, as subsequently amended. The pirating of copyright works is a substantial problem in Hong Kong and a frequent cause of complaint to the Board of Trade, who feel that in this Colony it is most important

to have up to date legislation on the subject. They are accordingly anxious that the United Kingdom Copyright Act, 1956, modified as may be appropriate, should be extended to

Hong Kong as soon as possible. Until the provisions of the

1956 Act are in force in the Colony, it cannot be a party to

the latest text of the Berne Copyright Convention or to the

Universal Copyright Convention.

8. Proposed Legislation: The Government of Hong Kong are fully aware of the Colony's need for up to date copyright legislation. We have for some time been considering, in

consultation with the Governor, the following drafts:

(a) a Copyright (Hong Kong) Order in Council

(b) a Hong Kong Copyright Bill.

The purpose of the Order in Council is to extend, with certain modifications, the provisions of the United Kingdom Copyright Act, 1956, to Hong Kong. The purpose of the Bill is to supplement the United Kingdom Act; to bring Hong Kong's

own copyright legislation up to date; and to provide for certain matters in the field of copyright which are not

covered by modifications to the United Kingdom Act.

9.

Draft Copyright Order: Under existing copyright law

in Hong Kong, copyright exists in individual works which go

to make up a broadcast programme, but no copyright exists

in a broadcast programme as such. Section 14 of the United Kingdom Copyright Act, 1956, creates a copyright in all

/television

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