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Not a time to make judgment on Internet Article 23

出自香港新聞網 - 樹仁新傳系學生實習習作

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Not a time to make judgment on Internet Article 23


The resumption of second reading debate on the Copyright (Amendment) Bill 2011, which is also known as Internet Article 23, by Legislative Council in next month arouses the public discontent.


Satsuki Leung


If the amendment is passed, creating derivative works may become an infringement of copyright and thus a criminal offense. The Hong Kong Government can prosecute the producer directly, which means any complaint or lawsiut from the copyright owner is needless.


However, when most people concern that their rights to create and freedom of speech will be harmed under the law, Geordie Toh, the Senior Corporate Counsel of Cisco Systems (HK) Limited, pointed out that the rights for original producers is actually ignored.


"If there isn't any limitation on derivative works, how can we protect the masters' works from being abused?" said Toh as a talk to Hong Kong Shue Yan University students yesterday. "Some people may take advantage of those masterpieces to make profit."


"There are lots of interesting film posters about Tang in the internet," Toh also commented the sarcastic derivative works about illegal basement built by Henry Tang Ying-yen. "However, some posters derived from Chinese Cultural Revolution, which was a tragedy, are not suitable to be used as sarcasm."


While the amendment may prevent bad creations and harm freedom of speech at the same time, Toh believed that it is difficult to make any conclusion so far, until more clear definitions about the contents of amendment are confirmed.

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