|
GOVERNMENT REGULATIONS
Animals
Animals are protected by the Prevention of Cruelty to Animals Ordinance, which prohibits any cruelty or negligence to any animal that causes unnecessary suffering at any time. The Society for the Prevention of Cruelty to Animals (SPCA) urges filmmakers to protect the mental and physical well-being of animals, to understand and bear in mind an animal's natural habits and environment when filming and to make every effort to provide the animals with a stress-free environment.
Copyright
Copyright is an automatic right. Copyright arises on creation of a work provided that the work falls within one of the protectable categories. It is not necessary to register a copyright work in Hong Kong in order to get protection under the law.
Films are protectable in Hong Kong by copyright. Such protection is available whether the film is published in Hong Kong or overseas and regardless of the place of domicile or incorporation of the producer or principal director of the film.
For copyright protection purposes, a 'film' is defined as a recording on any medium from which a moving image may by any means be produced. However, copyright does not subsist in a film that is copied from a previous film. The soundtrack accompanying a film is regarded as part of the film.
The duration of protection of copyright for a film is determined with reference to the life of either the principal director, the author of the screenplay, the author of the dialogue or the composer of the music specially created and used in the film, whoever is the last to die. The copyright term is 50 years from the end of the calendar year in which the last death occurs.
Infringement of copyright in films includes the following acts done in relation to the copyright work without permission of the copyright owner:
- Copying;
- Issuing copies of the work to the public;
- Renting copies of the work to the public;
- Making available copies of the work to the public via the Internet;
- Performing, playing or showing the work in public;
- Broadcasting the work or including it in a cable programme service;
- Importing or exporting an infringing copy of the work other than for private and domestic use;
- Possessing an infringing copy in a business context;
- Selling or letting for hire, or offering or exposing for sale or hire, an infringing copy of the work; and
- Distributing an infringing copy in a business context, and, if the distribution is to such an extent as to affect prejudicially the copyright owner, in a non-business context as well.
In an action for infringement, the copyright owner is entitled to civil remedies in the courts, principally by way of damages, injunctions, an account of profits and an order for delivery up.
The following acts, in relation to an infringing copy of a film, are examples which may lead to criminal liabilities, if they are carried out without the consent of the copyright owner:
- Making for sale or hire an infringing copy;
- Importing into or exporting from Hong Kong an infringing copy other than for private and domestic use;
- Possessing an infringing copy of a film in a business context, or possessing an infringing copy with a view to it being sold or let for hire in a business context;
- Selling or letting for hire, or offering or exposing for sale or hire, an infringing copy in a business context; and
- Distributing an infringing copy through a business which deals in infringing copies, or distributing an infringing copy in a non-business context if the distribution is to such an extent as to affect prejudicially the copyright owner.
A person who commits any of the above offences is liable on conviction to a maximum penalty of HK$50,000 in respect of each infringing copy and imprisonment for four years.
A magistrate may issue a warrant empowering an authorised officer to enter and search any place reasonably suspected of containing any articles or things that appear to be infringing copies or tools for making such copies. The authorised officer may seize, remove or detain such items. Any such seized items are liable to forfeiture.
In order to prevent bootlegging in places of public entertainment, it is an offence for anyone to possess, without lawful authority or reasonable excuse, any video recording equipment in a cinema, theatre or concert hall that is used for the showing of films or performances. The maximum penalty on first conviction is a fine of HK$5,000, and on a second or subsequent conviction, a fine of HK$50,000 and imprisonment for three months.
next>>
|
