Secondary creations in Hong Kong: Difference between revisions
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Second production of songs is to change, edit or add new elements on the existing artistic works, including images, videos, and songs. Second production is a common way for creation and expression of opinions, particularly in Hong Kong songs. In the era of technology, "second production is ubiquitous", as suggested by Concern Group of Rights of Derivation Works.[1] Netizens derive from some well-known songs, retaining the background music while writing new lyrics. Second productions can involve commercial interests, or it can also be a matter of personal preference or colleague creation.
Second production is not equal to copy, but intentionally making its theme and meaning obviously different from the original work. However, Raiders will not claim that their works are derived from others, but will claim that they are original and insist their works are not plagiarism.[2]
History
1960s–1970s
The history of second production of songs in Hong Kong can be traced back to the 1960s. Songs were re-created from Chinese Operas, Disney Musicals such as The Sound of Music, or Western Classical Music, to popular Western or Japanese songs.
Such as the song ‘Buy buns’(1968) by Cheng Gwan-min was a parody song re-created from the Cantonese Opera ‘Princess Chang Ping’, which was a song reflecting the poor lives of Hong Kong people in the 1960s by telling a story of not having enough money to buy bread.
1980s–1990s
In the 1980s, comedy style variety shows gained reputations, the television variety show Enjoy Yourself Tonight (EYT) included large amounts of second produced songs to provide entertainments to audiences. In 1990's, second production of songs still had popularity in Hong Kong, in which two comedian, Andrew Lam and Eric Tsang was famous were famous for re-writing the lyrics of songs into nonsense and comical themed songs.[3] Before the 21st century, the second production of songs often occurs in the television or radio and produced by celebrities and singers, the nonsense and comical style, flexibility of Cantonese usages together with the contents which aroused people’s echo had made it familiar among Cantonese people.
Post 21st century
Commercial usage of second produced songs had continued from the 1980s.[4] Together with the continuously increasing influence of the internet, reproduction of songs had switched from television to internet forums and video-sharing platform. Internet music channels and musicians often re-create parodic songs according to contemporary political, social issues, and light entertainment events, or non-parody such as translation to Cantonese from foreign languages. Variety topics and purposes of re-created songs had been widened in large extent. Song publishers had largely increased from professionals to any web user who wants to publish their works.
Golden Music Channel
The Hong Kong Golden Music Channel is one of the chat room on the well-known online forum Hong Kong Golden Internet Forum, mainly for members to discuss topics related to music. The forum is currently the main platform for members to publish their re-written songs. The channel consists of a large team of anonymous network singers and lyrics writers. Songs that collectively re-composed by the channel might be recorded and published to the public through YouTube or another social networking platform. In 2009, the posts published on the Golden Music Channel had reached 10000. And songs second produced on the forum might occasionally appear on news according to its topic and quality.[5]
The World of Locust《蝗蟲天下》（原曲：富士山下）(2011)
The second production song of a well-known Cantonese pop song, the re-written lyrics reflected the antipathy towards behavior of mainland tourist in Hong Kong. The YouTube video produced and reached more than 1,460,000 views until 2016.
Champion of warmth losses《失暖王》原：失戀王 (2016)
The song which was a parody on a cold stream happened in late January 2016 and the extreme weather in Siberia, the views of this video on YouTube had reached more than 60,000 views in a month.
Controversies
Against second production:Copyright (Amendment) Bill (2014)
With the proposal of the Copyright Bill, it sparks many controversies over the second production of works. Some believed that the bill will restrict freedom of expression and creation. Firstly proposed in 2006, the bill faces strong opposition from netizens. Revised in 2011, the bill has been being criticized as “Internet Article 23”. Later in 2014, six exemptions are added in considering both the benefits of all related stakeholders, including original producers, companies owning the copyrights and second producers. If the second production works are considered to be a “parody”, “satire”, “pastiche”, “caricature”, “quotation” or “reporting or commenting on current events”, they can be exempted.[6] Otherwise, the works may be against the law.
The copyright sector, led by the Hong Kong Copyright Alliance, urges to pass the Copyright Bill in hope of fighting piracy on the Internet with the passing of the bill.[7]
Mr. Thomas Tang, the Executive Committee Member of the Hong Kong Comic and Animation Federation, claims that they hope to fight against the large-scale streaming websites with piracy problems. It is discovered that comic books are scanned and uploaded to streaming websites which provide a variety of comic books for public users to read. In those websites, there are no concrete copies found as pirated. With the existing laws, the Hong Kong Customs and Excise Department cannot prosecute, if not investigate.[8]
Second producers are concerned with whether their works are against the law because the line to differentiate is ambiguous. Companies owning the copyrights welcome second production because it is more effective to promote their works than advertising in mainstream platform, as claimed by a live broadcast online game commentator. However, another foreign game commentator Total Biscuit makes negative review on the game he commented on and his videos are all deleted because of copyright infringement. It raises second producers’ concern whether their videos would be deleted if they criticize the original works, which blocks creativity flow.[9]
Compact
Stimulate the innovative career
re-creation is a collaborative creativity that including the efforts of the original work and the reproducing work. It helps to facilitate the development of creativity.[10]
Brings entertainment or social issues to the public without commercial factor
There are numerous local parodies uploaded on YouTube which included the irony ideas on politics, social commentary, entertainment, etc. Most of the works are non-profit, and for venting their dissatisfaction of the society, or entertaining. It raised the public focus on different issues and provided amusement to the public.[11][12]
Brings fame and gains to original work
Some re-production work made noise and compliment among the public to both the original and re-created works.[13] Also, The behavior of reproducing songs is eligible to economical consideration of Fair Use Doctrine of America Copyright.[14]
Infringed Copyright
Copyright is for protecting the effort and originality of creator. Second production is based on the original work and added arrangements, therefore, it is critical matter of whether the adapted works are copying or not.[15]
Affect the image and interest of the original work
Some of the works of re-creation based on some organizations or brands, those “new” works might alter the public’s image of the fundamental brands. For example, The Hong Kong Disneyland has been parodied to The Buddhaland[16]
References
- ^ 二次創作權關注組 [Secondary Creation Concern Group] (2013-10-28). 在版權制度下處理戲仿作品的公眾諮詢 [Public consultation on parody works under the copyright system] (PDF) (in Chinese). Legislative Council.
{{cite book}}:|work=ignored (help) - ^ "Why is the Government consulting the public on "parody" but not on "secondary creation"?". Intellectual Property. Retrieved 2016-03-24.
- ^ "民間改詞熱". Metropop. Retrieved 2016-03-24.
- ^ "二次創作「有層次」得防着點？". 星島日報. Retrieved 2016-03-24.
- ^ XU, Qirong (2011). "由虛擬走到真實的網絡文化 : 從高登論 壇看本土主流媒體、流行文化與網絡社 群的互動與衝突". 22: 18. Retrieved 2016-03-24.
{{cite journal}}: Cite journal requires|journal=(help) - ^ "Explainer: What is legal and what is not under Copyright (Amendment) Bill 2014". Hong Kong Free Press.
- ^ "Hong Kong people barking up the wrong tree on copyright bill, insists association policy chief". SCMP.
- ^ "鏗鏘集：版權戰". RTHK.
- ^ "Copyright Block Removed On TotalBiscuit's Day One: Garry's Incident Review". Cinema Blend.
- ^ "二次創作影響創意工業發展？(24-7-13)". 二次創作權關注組.
- ^ "廣而告之 原創的生命延續法". Capital Weekly.
- ^ Posner, R. A. (2005). "Intellectual Property: The Law and Economics Approach". The Journal of Economic Perspective,. 19 (2): pp .57–73.
{{cite journal}}:|page=has extra text (help)CS1 maint: extra punctuation (link) - ^ "黃德源：支持二次創作屬表揚原作". 樹仁新傳系.
- ^ Posner, R. A. (2005). "Intellectual Property: The Law and Economics Approach". The Journal of Economic Perspective,. 19 (2): pp .57–73.
{{cite journal}}:|page=has extra text (help)CS1 maint: extra punctuation (link) - ^ "Copyright in Hong Kong". Intellectual Property Department.
- ^ "迪士尼向謎米香港發律師信 指「香港釋迦牟尼樂園」報導侵權". memehk.