The Commerce & Economic Development Bureau is inviting public views on its preliminary proposals to strengthen copyright protection in the digital environment.

Speaking at the Legislative Council's Commerce & Industry Panel meeting today, Secretary for Commerce & Economic Development Frederick Ma said the proposals will form the basis of the next round of engagement with stakeholders and the public for building consensus on the way forward.

"Subject to the outcome of further public consultation, we intend to firm up the legislative package in late 2008 or early 2009."

Proposal details

In the consultation paper, the bureau proposed introducing a right of communication covering all modes of electronic transmission for copyright works, with related criminal sanctions against the breach of this right in specific circumstances.

It is believed such a right can help copyright owners exploit their works in the digital environment and provide an environment conducive to the development of digital content and advanced technology in digital transmission.

On what criminal sanctions should be brought against the breach of this right, the Government is mindful a blanket criminalisation of all unauthorised communication might cast the net too wide and entail far-reaching unwanted implications.

It is proposed criminal sanctions be introduced against acts of making or initiating unauthorised communication to the public in defined circumstances.

Copyright exemption

The bureau also suggests introducing a copyright exemption for temporary reproduction of copyright works by online service providers (OSPs), which is technically required for (or enables) the transmission process to function efficiently. This exemption will cover the "caching" activities undertaken by OSPs which help save bandwidth and are indispensable for efficient transmission of information online.

Another recommendation is facilitating the forming of a voluntary code of practice for OSPs in combating Internet infringements. Compliance with the code of practice or otherwise will be prescribed in law as a factor the court will take into account when determining whether an OSP has authorised infringing activities committed on its service platform.

The bureau also proposed prescribing in law additional factors to help the court in considering the award of additional damages, in recognition of the fact the process of proving the extent of actual loss, particularly in the digital environment, is often fraught with difficulties.

In launching the next round of public engagement the Government has proposed to consult the public on the introduction of a media shifting exception, which will provide greater flexibility and convenience for the private use of copyright works to general users.