Copyright (Amendment) Bill 2019 gazetted
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The existing Copyright Ordinance has already set out a series of specific exceptions or permitted acts that allow the production of specially adapted copies (accessible copies) of copyright works for personal use by persons with a print disability. To stay in line with the standards under the Marrakesh Treaty, the Bill seeks to enhance these exceptions by ways including the following:
(a) enabling persons with a perceptual or reading disability (including dyslexia) to enjoy the copyright exceptions provided for persons with a print disability;
(b) making it clear that audio forms of certain types of copyright works (such as audiobooks) may be used in the production of accessible copies for personal use by persons with a print disability; and
(c) allowing cross-border exchange of accessible copies by specified bodies (e.g. non-profit-making organisations providing services to blind or visually impaired persons) with authorised entities in other jurisdictions, subject to relevant conditions being met.
The Bill will also introduce some textual amendments to the existing copyright exceptions relating to persons with a print disability, including some which aim to better align the formulations with those used in the Marrakesh Treaty.
"We see merits in taking forward the legislative proposals early, as they would benefit a wider print-disabled population and enable them to enjoy better access to copyright works in accessible formats. We are pleased to note that the legislative proposals have received general support during the consultation exercise and from the Legislative Council Panel on Commerce and Industry," a spokesman for the Commerce and Economic Development Bureau said.
The Marrakesh Treaty is an international agreement concluded under the auspices of the World Intellectual Property Organization. Its main goal is to facilitate and enhance access to copyright works in accessible formats for persons with a print disability. As at October 15, 2019, 61 countries have ratified or acceded to it. China is a signatory to the Marrakesh Treaty but has yet to ratify it. Although Hong Kong is under no obligation to comply with the Marrakesh Treaty at present, Hong Kong may still take the initiative to enhance its copyright exceptions to meet the international standards set out in the Treaty.
The Secretary for Commerce and Economic Development will introduce the Bill into the Legislative Council for first and second readings on November 13, 2019.
Ends/Friday, November 1, 2019
Issued at HKT 11:00
Issued at HKT 11:00
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