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 From Hong Kong's Information Services Department
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March 18, 2006
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Intellectual property

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Copyright exemptions balance interests
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The proposed copyright law amendments have balanced interests of both copyright work owners and users, the Commerce, Industry & Technology Bureau says.

 

Speaking on a radio talk show this morning, the bureau's deputy secretary Mary Chow said there was a proposal to limit the number of copies of newspapers, magazines and periodicals allowed to1,000 within 14 consecutive days. For books and academic periodicals, the proposed limit is a total value of $8,000 within 180 days.

 

She said the limits would be calculated on a cumulative basis, adding permits should be obtained from the publisher if more copies are needed.

 

To address concerns about a possible adverse impact on classroom teaching and business operations, educational establishments that are non-profit-making or get Government subventions are exempted from criminal liabilities.

 

They must shoulder civil liabilities, though, she added, allowing copyright owners to sue for damages.

 

Intranet circulation to be regulated

On the practice of circulating scanned newspaper cuttings through an intranet, Miss Chow said it has been included in the proposed legislative amendments, but the calculation of browsers needs to be sorted out.

 

If no record is kept on the number of intranet browsers, there is a suggestion to set the number at 10% of an organisation's total number of employees, she said.

 

Turning to liberalisation in parallel imports, Miss Chow said the criminal liability period has been shortened from the existing 18 months to nine months.

 

She added removing the civil and criminal liability associated with the business use of parallel imports has also been proposed.

 

Miss Chow said it will also be a criminal offence for a person who makes for sale or hire, imports or exports, or deals in any circumvention tools or provides circumvention services on a commercial scale.

 

The Copyright (Amendment) Bill 2006 has been gazetted, and it will be tabled at the Legislative Council on March 29.