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Government publishes consultation document on review of Copyright Ordinance

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The Government has published a consultation document to solicit the views of the public on improving certain provisions of the Copyright Ordinance. The consultation period is two months, ending on December 31, 2001.

The consultation document sets out and analyses the views for and against the criminal provisions related to the use of pirated copyright works in the course of business, which became effective in April this year. At this stage, the Government has an open mind towards any solutions to the issue, and will formulate concrete proposals only after wide public consultation.

The consultation document also addresses the following main issues:

* The Copyright Ordinance provides that a person may copy a work for educational purposes 'within a reasonable extent'. The consultation document proposes options to clarify the meaning of 'reasonable extent'.

* Recommends that non-profit-making bodies be allowed to transcribe printed editions of works into Braille or other specialised format for the use of visually impaired persons, without obtaining the permission of the copyright owner.

* Discusses whether free public showing of non-subscription television programmes by, for example, shopping malls, restaurants, hotels or hospitals for the enjoyment of customers should be allowed, without the authorisation of the copyright owners concerned.

* Discusses whether parallel importation of works other than computer software should be liberalised, or the current restrictions on parallel importation of those works should be relaxed.

* Proposes options for introducing new civil and criminal liability to combat fraudulent viewing of subscription television programmes.

* Discusses certain issues related to the proceedings of the Copyright Tribunal in resolving copyright disputes; and whether compulsory registration of licensing bodies should be introduced.

The Government will hold a public seminar on November 26 at the Ngau Chi Wan Civic Centre to obtain public views.

The consultation document is available for collection at District Offices or for downloading at the web-site of the Commerce and Industry Bureau (http://www.info.gov.hk/cib)

End/Thursday, November 1, 2001

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