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Following is the speaking note by the Director of Intellectual Property, Mr Stephen Selby, at a press conference on Intellectual Property (Miscellaneous Amendments) Ordinance 2000 today (March 26):

Combating Corporate Copyright Piracy

Under the existing Copyright Ordinance, a person (including a corporation) commits an offence if he or she, without the licence of the copyright owner, possesses an infringing copy of a copyright work for the purpose of business. However, it is not absolutely clear whether one would have criminal liabilities if the business in question does not consist of dealing in the infringing copies.

When the amendments to the Copyright Ordinance comes into effect, anyone (including a corporation) who possesses an infringing copy of a copyright work in business commit a criminal offence. This applies regardless of whether the business is involved in dealing in the infringing copies.

Under the copyright law (both before and after the amendments to the Copyright Ordinance), a person possessing an infringing copy of a copyright work in business would not commit an offence if he does not know and has no reason to believe the copy in question is an infringing copy.

Prevention of Bootlegging

The problem of bootlegging in places of public entertainment has been affecting the film industry for some time. The existing law does not tackle such problem effectively. Under the amended law, a person will commit a criminal offence if he or she, without lawful authority or reasonable excuse, brings video recording equipment into a place of public entertainment that is used primarily as a cinema, theatre or concert hall for the showing of films or performances. The word "primarily" means that the venue must be used mainly or for the most part for the showing of films, etc. To alert the public to the prohibition, the law requires the manager of the place of public entertainment to display warning notices in a specified manner.

End/Monday, March 26, 2001

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