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Following is a question by the Hon Sin Chung-kai and a written reply by the Secretary for Commerce, Industry and Technology, Mr John Tsang, in the Legislative Council today (July 7):

Question:

In view of the increasing number of copyright works released in electronic form at present, will the Government inform this Council whether:

(a) it has formulated measures to combat illegal downloading or infringement of copyright activities, by using computer softwares similar to "Bit Torrent"; if it has, of the details of such measures and the progress of implementation; and

(b) it has plans to resolve the digital copyright problems with the relevant sectors and copyright holders, and establish a mechanism for the administration of digital copyright, so as to promote the development of local digital content industry; if it has, of the details?

Reply:

Madam President,

The copyright legislation in Hong Kong is "technology-neutral" and the relevant provisions are applicable to copyright works stored in any medium by any means, including electronic means. Hence, works released in electronic form, including computer software, sound recordings and films, are all protected under the Copyright Ordinance. For instance, section 23(2) of the Ordinance, which deals with infringement of copyright by copying, provides that copying of a work means reproducing the work in any material form, including storing the work in any medium by electronic means. Another example is that under section 24(4), which deals with infringement of copyright by issue of copies to the public, references to the issue of copies of a work include the issue of the original and the issue of copies in electronic form.

As regards whether the uploading and downloading of files through peer-to-peer file sharing software, such as the "Bit Torrent" software, would attract civil and/or criminal liability under the existing Copyright Ordinance, we need to study the matter. We understand that in some developed countries like the US, the UK, Australia and Singapore, there is so far no copyright related criminal prosecution case involving peer-to-peer file sharing activities, and that the relevant civil cases have been rather controversial. Hence, before considering if there is a need to formulate special measures, we need to study the matter carefully.

As to the second part of the question, the Government has all along been in discussion with the industry and copyright owners regarding the problems relating to digital copyright works. For example, the film industry has previously indicated to the Government their concern about file sharing activities. The music industry has also raised the problem of digital copyright works and electronic rights management information in their earlier submission to the Government about copyright legislation. We will consider these views and maintain our dialogue with the industry.

Furthermore, the education sector has also suggested that a set of non-statutory guidelines should be developed for the use or making of copies of electronic works in the educational context to facilitate classroom teaching. In response to the suggestion, the Government set up a working group comprising educational organisations and relevant copyright owners, and a number of meetings were held in 2003. Unfortunately, the working group could not reach a consensus in the end regarding the contents of the guidelines.

The Government also proposed to the World Intellectual Property Organisation to jointly organise a regional symposium for an in-depth discussion and exchange of views on the issues and problems relating to digital copyright works. This symposium was held in Hong Kong in mid March 2004, and was well attended by representatives from different sectors. We will continue to listen to the views of different parties and make reference to international experiences when we deal with the problems relating to digital copyright works, including digital rights management.

Ends/Wednesday, July 7, 2004

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