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Hong Kong
OpinionLetters

Letters | Hong Kong’s music industry would benefit from extension of copyright on sound recordings

  • Extending the term of protection of sound recordings to at least 70 years will bring Hong Kong in line with the new global standard
  • It will also boost the local music industry, which has seen declining sales of physical albums in recent years and live events cancelled during the pandemic

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Singer Jace Chan performs during her first mini solo concert at the Kowloon Bay International Trade and Exhibition Centre in August. Hong Kong’s music industry has been hard hit by the pandemic, with many live events having to be cancelled. Photo: Universal Music Hong Kong
Letters
On November 24, the Hong Kong government launched a three-month public consultation on updating the city’s copyright regime. I would recommend extending the term of protection of sound recordings to no less than 70 years from the date of fixation of the recording, when it is embodied in tangible form.

While new technology is giving older recordings originally on tape and LP records a new digital life, the current protection term of 50 years means these recordings will generate revenues for others after 50 years instead of for the copyright owners.

In recent years, a term of protection for sound recordings of 70 years or longer has become the global standard, adopted by over 60 countries and regions, including the United States, Canada, the United Kingdom, the European Union, Australia, Japan and South Korea.

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Our copyright law must keep pace to avoid the awkwardness of sound recordings passing into the public domain in Hong Kong while still being protected elsewhere.

Retaining a 50-year term of protection will discourage both foreign and local labels from investing in high-quality sound recordings. This is not beneficial to the development of Hong Kong’s creative industries and contrary to the core purpose of copyright law – to promote creativity and incentivise the creation and dissemination of work.

05:10

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A 70-year term of protection would grant record producers a longer period to develop the potential economic interest in their sound recordings, increasing revenues available for reinvestment in new artists and repertoires, while assuring artists their recordings have the potential to generate income during their lifetime.

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