The Copyright (Amendment) Bill 2014 in Hong Kong: A Blessing or a Curse?

The Hong Kong government began its journey for copyright reforms for the digital environment in 2006. Preliminary proposals were made in 2008 where the government sought to introduce an all-embracing technology neutral communication right to the public attracting both civil and criminal liabilities as well as a safe harbour regime for online service providers for the limitation of liability in copyright infringement cases. The Copyright Amendment Bill 2014 was tabled before the Legislative Council in Hong Kong but the proposals were not welcomed by the general public for fear that fundamental rights like freedom of speech and press would be at stake. This paper analyses the two main recommendations that the 2014 Amendment Bill seeks to propose and the problems associated with such proposals. It supports a reform in Hong Kong copyright law and offers alternative solutions in striking a better balance between copyright owners and users in general.