A fair deal regime, which is what the government proposes, grants exemptions to the use of copyright materials in accordance with the prescribed purposes in the law and principles of fairness. Other than the use of copyrighted works for purposes such as parody, satire, pastiche, caricature and education, what is deemed a “fair dealing” can be elusive until a widely accepted statutory definition is pinned down. The contract override principle means inclusion of provisions restricting contractual terms from overriding or limiting exceptions for parody, caricature and pastiche. Such a move, however, may bring about adverse economic impact on legitimate business dealings.

If the unrelenting backlash is any guide, the assurance from the government that the legislation targets large-scale copyright infringement, not individual users, does little to placate the public. Filibustering has detracted from the goal of putting our city on a par with international standards, notwithstanding the consensus that due copyright protection is the cornerstone of innovation and creativity for any economy.

The ever-widening rift between parties only adds to political acrimony. With the policy address and budget in the queue for scrutiny, we cannot afford to be bogged down with any delaying tactics. The possibility for the pan-democrats to back down is slim and it is not helped when the government remains headstrong. It is time for the government to change tack.

Borromeo Li Ka-kit, Happy Valley