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Re-creation should be restricted but not blocked, said legal advisor

出自香港新聞網 - 樹仁新傳系學生實習習作

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Legal advisor suggests that the amendment to the copyright protection law should not be over tighten up since re-creation works need only to be restricted but not blocked.

By Cassandra Guo April 24, 2012



Re-creation has become popular among internet users. Local netizens are not happy with the proposed amendment, worrying that it might suppress freedom of creation and freedom of speech. They even dubbed the amendment as “Article 23 of Internet”. Geordie Toh, legal advisor of a global technology company, thinks that it is “very unhealthy” to block re-creation since some of the re-creation works are very creative.


He said that re-creation works like the “Henry Tang and the Chamber of Secrets” poster, which is created to satire the illegal dungeon in the former chief secretary’s house, was very funny.


Nevertheless, he noticed that there were some re-creation works which turned out to be offensive. He raised the example of a re-created picture, in which Henry Tang’s head was being keyed to to a victim of the Cultural Revolution. Toh said that he felt uncomfortable after seeing the picture. “I think this is beyond copyright conflict, it’s a matter of basic respect to human beings”, said Toh.


He suggests that there should be a bottom line drew on re-creation works. He also said that the aim of re-creation is for fun and sharing, but using the death to achieve the aim is unacceptable.


Toh also concerned about the copyright issue triggered by re-creation. He said that if re-creation is let open completely, people might get profits from the infringement. He afraid that the benefit of copyright holders would be harmed and eventually result in losing control of copyrights.


Under the proposed amendment to the copyright protection law, internet users who put up copyrighted materials on any platform without authorization of the copyright holders would face criminal prosecution if the infringement involves commercial usage. The new copyright amendment is still going through reading in the legislative council.

[Good article with concrete examples.]

[Grade: A]
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