TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 126

26-JUL-1993 16:21

R.C.B. Gout. Sect.

文康廣播科

香港灣仔

告士打道五號

稅務大樓

四十至四十一樓

+ 852 827 0119

TAKA

P.01

20

GOVERNMENT SCORETARIAT

RECREATION AND CULTure brancH

40/F-41/F, REVENUE TOWER

5 GLOUCESTER ROAD

WAN CHAI HONG KONG

**** OUR REF.:

KERM YOUR REF.:

* TEL NO.:

XXX FAXLINE:

SF (1) Pt.5 to RCB (CR) 4/3/53

(852) 594 6611

(852) 827 6646

Me Anandale Neuch

Hong Kong Department

Foreign and commonwealth Office

King Charles Street

London SW1A 2AH

Ms Bouch

26 July 1993

HKC 031/15

2. AUG 1393

Subscription Television Copyright Protection

Thank you for your letter of 15 July 1993.

Hong Kong's copyright law is principally the 1956 Act extended to Hong Kong by orders under section 31 in 1972 and 1979. The amendments to the 1956 Act introduced by the 1984 Cable and Broadcasting Act ("the 1984 Act") have not been extended to Hong Kong. For this reason, at the moment, owners of copyright in literary, musical, dramatic and artistic works and in films have a "diffusion right". This is the right to diffuse such works to Aiffusion samudne. Aumens så sepyright in sound recordings and broadcasts do not have the diffusion right.

suherrihore

There is currently по protection for cable programmes as such. In many cases, the underlying works in the cable programme #ill have a separate copyliyht which the respectivo Owners could pursue. However, unscripted programmes and sports programmes are not protectable in this way. In any event, the underlying work owners will be reluctant to negotiate licences with the cable operator unless the cable operator has a separate copyright which it is prepared to protect. For these reasons, protection of the programmes is required, hence the extension of costion 14A.

request

for the

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