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ARTICLE · 24 AUGUST 2011

"Safe Harbour" For Online Service Providers

Mayer Brown
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Last month, we published a legal update on the Copyright (Amendment) Bill 2011 (the "Bill").

Hong KongIntellectual Property
Kenny Wong
Kenny Wong
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Originally published August 23, 2011

Keywords: online service providers, OSPs, copyright infringement, Copyright (Amendment) Bill 2011

Background

Last month, we published a legal update on the Copyright (Amendment) Bill 2011 (the "Bill"). One of the major issues is about the potential liability of online service providers ("OSPs") for copyright infringement occurring on their service platforms.

In this regard, the Bill seeks to introduce a set of "safe harbour" provisions which will shield OSPs from liability in damages or other pecuniary remedy for copyright infringement which occurred on their service platforms so long as certain conditions are met.

The conditions

The conditions which OSPs must comply with in order to be protected under the Bill's safe harbour provisions are set out in the proposed section 88(b) (2):

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