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Following is a question by the Hon Christopher Chung and a written reply by the Secretary for Home Affairs, Mr Tsang Tak-sing, in the Legislative Council today (November 27):
Question:
Some members of civil organizations have relayed to me that if they need to use copyright works (including musical products and film clips, etc.) when staging public performances at hired venues in the community halls and community centres (halls and centres) under the Home Affairs Department (HAD), they have to apply on their own to the licensing bodies concerned for copyright licences to use the relevant copyright works and to pay copyright royalty charges. They have also pointed out that the organizations hiring such venues are mostly non-profit making bodies with limited funding, and since these bodies do not have professional knowledge in handling copyright matters, they may easily incur legal liabilities arising from copyright infringement. On the other hand, as the Leisure and Cultural Services Department (LCSD) has already collectively acquired copyright licences from the Composers and Authors Society of Hong Kong Limited (CASH), persons hiring venues in the city halls, civic centres or theatres under LCSD are authorized, without the need to apply on their own, to use the relevant copyright works in their public performances. In this connection, will the Government inform this Council:
(a) of the reasons why LCSD and HAD have adopted different approaches in dealing with matters of acquiring copyright licences;
(b) of LCSD's expenses on acquiring music copyright licences from CASH, and whether the licences are valid for one year or for good;
(c) whether HAD will consider following LCSD's practice and acquiring collective copyright licences for the public performances staged in its halls and centres; if it will not, whether HAD will offer assistance to organizations hiring its halls and centres on matters of acquiring copyright licences; and
(d) whether, apart from CASH, LCSD will acquire from the other two copyright licensing bodies (namely the Phonographic Performance (South East Asia) Limited and the Hong Kong Recording Industry Alliance Limited) the copyright licences for their relevant works, so that venue hirers will have a wider choice of musical works and film clips for their performances?
Reply:
President,
(a) and (c) There is a difference in the nature and usage between the community halls/community centres (CHs/CCs) spread over the 18 districts under Home Affairs Department (HAD) and the performing arts venues under Leisure and Cultural Services Department (LCSD). The CHs/CCs under HAD are multi-purpose venues for hiring by local organisations to hold various activities, including gatherings, community building activities, civic education activities, recreation, culture and sports activities, and meetings, etc. While individual hirers may use copyright works in their activities, the copyright works that may be involved are not confined to audio-visual works. It is therefore in the best interests of the activity organisers and the relevant copyright owners for the organisers to identify the types of copyright involved and obtain licences from the copyright owners.
HAD understands that individual hirers may encounter difficulties when applying for copyright licences for audio-visual works. In this connection, HAD has relayed the matter to the copyright licensing bodies concerned so that applications for copyright licences by hirers of CHs/CCs may be facilitated as much as possible. District Offices also endeavor to provide relevant information and all possible assistance to hirers of CHs/CCs in their districts. Furthermore, HAD is discussing with the relevant licensing bodies on the proposal of acquiring bulk copyright licences.
(b) and (d) The annual expenses of LCSD on acquiring music copyright licences from Composers and Authors Society of Hong Kong Limited for the 14 performing arts venues under its purview (namely the Hong Kong Cultural Centre, Hong Kong City Hall, Ngau Chi Wan Civic Centre, Sheung Wan Civic Centre, Sai Wan Ho Civic Centre, Ko Shan Theatre, Yau Ma Tei Theatre, Sha Tin Town Hall, Tuen Mun Town Hall, Kwai Tsing Theatre, Tsuen Wan Town Hall, Yuen Long Theatre, North District Town Hall and Tai Po Civic Centre) are approximately HK$1.5 million.
LCSD has entered into an agreement with the three licensing bodies to use, by paying an annual royalty, music, films and karaoke videos of member record companies as well as music composition and lyrics of members at the 14 performing arts venues under LCSD's purview.
Ends/Wednesday, November 27, 2013
Issued at HKT 12:31
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