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Government on its own cannot put derivative work producer in jail, legal consultant told

出自香港新聞網 - 樹仁新傳系學生實習習作

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095086 2012年4月24日 (二) 21:58 (UTC)


-- 24 April 2012


The proposed Copyright (Amendment) Bill 2011 concerning derivative works will not smother creativity solely with government’s action, said legal consultant Geordie Toh.


The government proposed to the Legislative Council to include derivative works on the Internet as an infringement of Copyright. Media and the public frightened that the new ordinance would greatly restrain the freedom of speech. Toh believes that unless producer of the original works take part in the charge, otherwise the government will not likely to incriminate derivative work producers on its own. “If the copyright holder is not cooperating with the government, it cannot prove any infringement nor the loss incurred in the infringement of copyright,” said Toh today during the General Assembly held in Shue Yan University.


However, Toh thinks that derivative works should not be totally opened to public. “Under some circumstances, derivative works might be used as a tool to make profit … losing control over copyright is not a good thing after all,” added Toh. He said that the terminology in the new ordinance would be a focus point.

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