Public consultation on "Internet Article 23” to start in November

A public consultation on a controversial bill to amend the copyright law, dubbed “Internet Article 23” by netizens, will start in November, said Secretary for Commerce and Economic Development Edward Yau Tang-wah.

The bill to amend the Copyright Ordinance got its nickname back in 2014 when the government first attempted to change the law. Content creators and independent musicians were worried that the amendment would affect their freedom in creating derivative works and parodies.

Yau said the government will come up with a new amendment bill based on the one in 2014, and the document will spell out exemptions made for parodies.

Yau stressed that the new amendment bill will make a balance between creative freedom and protecting copyright. The law should have been amended 10 years ago, Yau said.

The current copyright law cannot adequately protect the interests of copyright owners amid technological advancement in recent years. The situation of copyright violation has been worsening internationally, he said.

There will be enough time for the bill's discussion at Legislative Council, he believed.

The amendment bill in 2014 covered not only the Copyright Ordinance, but also the Personal Data (Privacy) Ordinance, the Control of Obscene and Indecent Articles Ordinance and the Prevention of Child Pornography Ordinance.

With the amendment, the law would be able to tackle copyright violations on streaming platforms such as YouTube.

The concerns over the creation of derivative works, satires and parodies included anime fans, who were worried that cosplay would infringe copyright, while independent musicians were concerned they could no longer perform covers or modify lyrics of other artists' songs.

Authorities failed to reassure citizens despite proposing exemptions for parodies. Due to filibustering by the opposition, the bill was shelved in April 2016.
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