Periscope
Video-sharing: copyright violations unchecked
Many users may have infringed copyright as well when they upload their remixed versions of copyrighted videos, or use commercial songs as the background music of their own original videos.
ˇ§Even if you have added something original, interesting or creative, you do not have a defence. Parody is not a defence in Hong Kong . We donˇ¦t have a general fair use defence like in America ,ˇ¨ Mr Yap said.
Copyright owners can also file a civil case against uploaders and demand damages ˇ§The amount of damages depends on the value of the video,ˇ¨ said Adelaide Yu Hoi-man, an intellectual property lawyer. ˇ§If the video does not have a large audience, the damages will be lower. But if the user posts the TV programme Beauty Kitchen, which is now issuing its DVD, the damages may be higher.ˇ¨
Anybody who downloads copyrighted videos is also violating the rights of the clip owners, who can file a civil case against those downloaders and claim compensation, according to the Customs and Excise Department.
However, viewing content on video-sharing websites without downloading will unlikely attract liability, the intellectual property department said.
