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December 10, 2015

CY Leung: Facebook upload of Wong Ka-keung duet not ideal

EJ Insight » Hong KongToday, 2:48 PM

CY Leung and Wong Ka-keung perform at a private function and pose for a selfie. Photo: Facebook

Chief Executive Leung Chun-ying is admitting his Facebook upload of a video showing him performing with a former Beyond frontman is “not ideal”.

Leung said he has taken steps to clear up any copyright issues after being accused of violating the copyright ordinance.

A draft amendment to the legislation is pending before the Legislative Council.

The clip shows Leung and Wong Ka-keung singing at a private function to mark the third anniversary of the Business and Professionals Alliance for Hong Kong, a pro-Beijing political party, Apple Daily reports.

Ada Leung, director of Intellectual Property, earlier defended Leung on a radio talk show.

She said the material falls under “fair use” as both Leung and Wong are public figures, adding it could be considered news rather than entertainment.

Craig Choy, a legal consultant to activist group Keyboard Frontline, said Ada Leung is wrong because news reporting is normally done by a media person.

Choy said Leung should have posted the material with a disclaimer, but even then, he would still be liable because he did not credit the players.

No one is exempt from the law on the basis of social status, so the argument that Leung and Wong are both public figures is irrelevant, he said.

On Wednesday, the Office of the Chief Executive said in a statement that a license application had been filed to the Composers and Authors Society of Hong Kong Ltd. (CASH) regarding the video.

It said CASH had assigned the copyright to Leung after he paid royalty.

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