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Following is a question by the Hon Jasper Tsang and a written reply by the Secretary for Commerce, Industry and Technology, Mr Joseph WP Wong, at the Legislative Council meeting today (December 6):
QuestionĄG
It has been reported that some computer accessories on the market can instantly re-transmit the signals of free and subscription television programmes via the Internet to personal computers, third-generation mobile phones and other mobile communication devices. In this connection, will the Government inform this Council whether it has assessed if the use of the above accessories to re-transmit, without the authorization of the copyright owners concerned, television programmes for personal viewing contravenes the relevant provisions of the Copyright Ordinance (Cap. 528); if the assessment result is in the affirmative, whether the Government will publicise the relevant provisions to avoid the public breaching the law inadvertently; if the assessment result is in the negative, whether the Government plans to amend the Ordinance to strengthen the protection of intellectual property?
Reply:
Madam President,
The Copyright Ordinance (Cap. 528) accords copyright protection to various types of copyright works including broadcasts and cable programmes, as well as their contents (e.g. films and sound recordings). Any person who, without the authorisation of the copyright owner, makes a copy of a copyright-protected television programme, or re-broadcasts the programme or includes it in another cable programme service commits an act of copyright infringement, thereby rendering himself liable to civil action.
In general, if individual consumer re-transmits a free or subscription television programme lawfully received at home to a 3G mobile phone or other wireless mobile devices via certain computer accessories for his personal viewing somewhere outside his residence, and the process itself does not involve making a copy of the programme, such an act of re-transmitting the programme for personal viewing would not constitute an act of copyright infringement under the Copyright Ordinance.
Individual television service providers may restrict such re-transmission via the service agreements with their clients. Hence, it would be prudent for consumers to ascertain in advance if their acts of re-transmitting television programmes would contravene the terms of the agreements they have entered into with the relevant television service providers.
Apart from the above situation, if anyone provides to the public any means for the latter to access the re-transmitted television programme, it may be construed as re-broadcasting of the programme or its inclusion in another cable programme, which is an act of copyright infringement that may attract civil claims under the Copyright Ordinance.
At present, we have no plan to amend the Copyright Ordinance to restrict the act of re-transmitting television programme by individual consumer for his personal viewing.
Ends/Wednesday, December 6, 2006
Issued at HKT 12:55
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