Derivative Work Controversy in Hong Kong

Copyright (Amendment) Bill 2014 (also dubbed Internet Article 23 (網絡23條) ) broadly refers to a set of proposed ordinances regulating the internet in Hong Kong. Under debate is the legality of derivative works popular on the internet, including doujin drawings, kuso, parodies, and the modification and adaptation of the lyrics in Hong Kong. Because of the upsurge of derivative work, the Hong Kong Government has amended related legislations in order to regulate the Internet, as well as legislation extending coverage to the existing network of Internet users. The name "Internet Article 23" comes from the controversial Hong Kong Basic Law Article 23 on national security that detractors say would curb personal freedoms.

Many people believe that related regulations will let the derivative work bear criminal responsibility easily, including the modified or adapted song or pictures. As a result, it strived to public opposition. Due to the opposition, the Government shelved the amendment in May 2012. By July 2013 the Government launched a consultation once again in order to let people discuss on how this type of "parody works" can be exempted from criminal responsibility.

Actually, the Internet Article 23 includes the following legislations:

On the controversial topic of whether allowing derivative work in Hong Kong, intense debate occurs in the city. People who are against re-creation deem it necessary to introduce legislation to regulate or even prohibit derivative work, with an aim to protect the reputation and interest of the original author. They criticized those involved in derivative work for not respecting copyright. Those against the law amendment reasoned that derivative works encompass too broad a spectrum for the legal restrictions to be justified, and that the amended law could stifle mass creativity, violating the freedom of creation. Criticisms about the emphasis on self-interest of productions were also fired, stating that the new law shows a lack of consideration for the public's right to enjoy derivatives and inhibits the expression of opinions about the original work. It has also been brought out that the original author has the right to distribute their work, which includes the prohibition of use, adaptation, selling and all kinds of derivation. As it depends on the acknowledgement of the author, it is doubtful as to whether derivative works violate copyright.

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