Parody Exemption Seminar (戲仿豁免研討會)

A Seminar entitled "Protection Derivative Works! Parody exemption Seminar (保護二次創作！戲仿豁免研討會)" was organized by Mr. Charles Mok (Legislative Council Member (IT Functional Constituency)) on 14 Sep 2013. Charles invited different speakers for this seminar as follows: (In Chinese)
- 商務及經濟發展局副秘書長 黃福來先生 (Commerce and Economic Development Bureau) http://www.cedb.gov.hk/about/index.htm
- 知識產權署助理署長 彭淑芬女士 (Intellectual Property Department) http://www.ipd.gov.hk/
- 香港大學法學院助理教授李雪菁小姐 (Faculty of Law, The University of Hong Kong) http://www.law.hku.hk/
- 香港獨立媒體倡議幹事方鈺鈞小姐 http://www.inmediahk.net/
- 二次創作權關注組代表胡先生（Concern Group of Rights of Derivative Works） https://zh-hk.facebook.com/DerivativeWorksHK
- 鍵盤戰線發言人 卡夫卡 (http://keyboardfrontline.blogspot.hk/)
- 國際版權保護協會(大中華區）執行長兼總經理 何偉雄先生 (International Federation Against Copyright Theft (Greater China) Limited)
- 香港互聯網協會網絡保安及私隱小組召集人 宋德嘉先生 (Internet Society Hong Kong (ISOC HK)) http://www.isoc.hk/category/internet-security-privacy/

In the beginning, Mr. Charles Mok (Legislative Council Member (IT Functional Constituency)) gave an introduction speech.

Group photos with guests

The first speakers were come from Commerce and Economic Development Bureau and Intellectual Property Department, they introduced the consultation papers to us.

Firstly, they briefed the background of the existing COPYRIGHT ORDINANCE (CAP 528) as following diagram (In Chinese).

After that they explained the content of consultation paper and separated the Parody and Derivative Works. They said Parody (戲仿) included Parody (戲仿作品) itself, Satire (諷刺作品), Caricature (滑稽作品) and Pastiche (模仿作品). After that they shared the foreign countries experience included Australia, Canada, England and America. Some of countries used "Fair Use" concept in Parody.

The consultation paper provided three options of changes as follows
Option 1 – Clarifying the existing general provisions for criminal sanction
(方案 1－澄清現時就刑事制裁所訂的一般條文)

Option 2 – Introducing a specific criminal exemption for parody
(方案 2 –為戲仿作品訂定具體的刑事豁免)

Option 3 – Introducing a fair dealing exception for parody
(方案 3－為戲仿作品訂定公平處理的版權豁免)

The following examples showed the potential legal responsibilities on different options.
1) Change drawing for T-shirt

2) Change commercial organizations poster

3) Change part of film (few minutes with new dialogue)

4) Change part of song (few minutes with new song lyric)

Then a discussion forum started. Some interested points were summarized as follows:
1) From legal point of view, it had better not stated too clear on exemption (or definitions) but stated clearly on civil liability for copyright infringement
2) Copyright representative said they welcome parody but worried about copyright infringement which would affect their survive.
3) Some Derivative Works creators worried about consent from the copyright owner.
4) The other team of creators worried about Prejudicial Distribution or Mass Distribution (大量分發)
5) “More than trivial” economic prejudice (“超乎輕微”的經濟損害) was most critical point which people concerned.
6) One of attendees asked if the Parody might cause economic loss of the company, did it still in exemption? (e.g. Using Hoi Tin Tong Guīlínggāo (海天堂龜苓膏) with mould as Parody)
7) Golden CEO shared that about 56% of brothers disagreed all options. The most agreed brothers were in option 2 or 3.

In my concept, free environment causes more creativity; creativity leads innovation (new idea could be applied); innovation creates new product, service or business model; those achievements need IP protection. However, too much on IP protection could affect free environment and reduces creativity. It seems in the dilemma.

After review all discussion, I supported to state clearly on civil liability for copyright infringement, remove “More than trivial” economic prejudice, and consider to protect Derivative Works which was found not necessary belongs to Parody. Finally, I would like to use Wikinomics concepts as conclusion that involved Openness 「開放」、 Peering 「合作」、 Sharing「分享」 and Acting Globally「全球化的觀念」.

Reference:
保護二次創作！戲仿豁免研討會 - https://www.facebook.com/events/400504376739554/
戲仿作品公眾諮詢文件要點 - http://www.ipd.gov.hk/chi/intellectual_property/copyright/key_point_of_consultation_paper_on_Parody.pdf
戲仿諮詢文件 - http://www.cedb.gov.hk/citb/doc/tc/Consultation_Paper_Chinese.pdf
English version: http://www.cedb.gov.hk/citb/doc/en/Consultation_Paper_English.pdf
維基經濟學的思索 (Contemplation of Wikinomics) - http://qualityalchemist.blogspot.hk/2008/04/contemplation-of-wikinomics.html