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Law revisions may not protect the re-creation

出自香港新聞網 - 樹仁新傳系學生實習習作

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Law revisions may not protect the re-creation


It was wise that re-creation would not be sued for copyright infringement, said a senior legal advisor in a university talk heard yesterday.


Fion Au


The Bills Committee of the Legislative Council on the Copyright (Amendment) Bill 2011 would continue to discuss the proposal next month. The Commerce and Economic Development Bureau said if the public only share the link on the social network, but not upload the source, it would not be publication. Thus, the public might not infringe the intellectual property rights.


"I think the government should focus the re-creation items also. It should not totally allow making derivative work actually. Otherwise, if everyone re-creates the novel of Jin Yung to get profit, Cha Leung-yung, the copyright owner, could not be protected and may suffer economic loss," said Geordie Toh, a senior legal advisor. He commented the derivative work might undermine the earnings of the original authors.


Toh also illustrated an example of internet users might lead to significant damage. Those parody creators made use of copyrighted material including songs, book cover, and video and movie posters to make fun of Henry Tang Ying-Yen last month. He thought it should be considered as copyright infringement. But one more important point was those works showed the users did not respect to the others. Thus, those parody creators should face criminal liability if the bill passed.


Besides, many lawmakers and internet users still worried about the loss of freedom of expression after the Copyright (Amendment) Bill passed. Toh suggested that the citizens ought not to be afraid of it. The creators could keep using story characters to satirize some politicians in the articles. In his point of view, it could not be sued for copyright infringement. So, in some circumstances, re-creation would allow. "But surely, we must study the bill deeply first. In this moment, I cannot make any comment," Toh added. [Great summary!]


--105013 2012年4月24日 (二) 23:44 (UTC)

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