Radio Television Hong Kong (RTHK): double subsidization and profit transfer?

story originated from:inmediahk.net(oiwan)
translated by shareef; proof-read by: ayeah

In the early September, the RTHK began to invite tenders for the distribution of the second batch of programs, the tender invitation phase has already ended on 11th of October. The tenders are now under review. The programs involved in this batch includes >‘a century of dream factory’ (note 1 百年夢工場) and ‘success stories series’(note 2 傑出華人系列).

Last year, the RTHK had contracted out the right of distribution of the program ‘below the lion rock’(note 3 獅子山下). From then on, to collect the programs legally in the libraries, the universities have to pay copyright fee to the distributor at around HKD2,000 per one volume. Let’s say, if they want to collect a complete set of the program (around 60 hours in total and half an hour for each volume), they need to pay HKD200,000 for copyright. This aroused criticism from the academic circle. This year, the total hours of programs to be contracted out are 200, and if the fee remains the same, each university has to pay HKD400,000 more per year to get the material copyrighted. The eight universities, together, have to pay HKD4,800,000 per year to the distributor. According to RTHK's plan, they will contract out more and more distribution right of their programs in the future.

As public television station under the government body, the revenue of RTHK are 100% supported by tax payers. And the programs of the RTHK have been from day one accessible by the public via the Internet, public libraries as well as universities. However, by contracting out the right of distribution to private enterprise, RTHK is practically transferring public properties to the hand of private, and then make profit from tax payers again (do not forget that the revenue of universities are supported by tax).

Last year, Leonard Chu, the professor from the School of Communication, Hong Kong Baptist University, was infuriated by this move. In a consultation session on the corporatization of RTHK on October 2005, professor Chu claimed, ‘if the RTHK make profit in such a miserly way, I will certain charge them for the interview next time they come to me.’ And instantaneously, Mr. Cheung Man Sun, the assistant director of the RTHK, promised to follow the case.

However, in the recent tendering out of distribution right, RTHK did nothing to follow up the questions and criticism raised out in last years' consultation. When I asked for for details on this round of tender on behalf of Inmediahk.net, Ms. Miranda Mei-wun Chan, Head of Program and Content Management, was unwilling to provide further details. She just replied that the tender form is publicly accessible, and said that I can take it from relevant departments myself.

And so, we took the tender form. What made us disappointed was that there was neither regulation for controlling the programs distribution price, nor copyright exemption of educational use of RTHK's programs.

This round of contracting out have already stimulated the academic circle. And if the distributor demands tertiary education sector to return the online version of the programs freely accessible in their campus network, or , and insists on charging unreasonable fee for copyright, some of the lecturers will resolve the issue to court. In fact, according to the tender, the rights of the distributor include VCD and DVD version of the programs only, thus remaining the right of distributing online the grey area.

On the other hand, a lecturer indicated that, according to the chapter 528 section 43 of Copyright in Hong Kong, using videos for educational purpose does not violate the law. So, anyone who is recording or carries recorded programs for the purpose of education could continue to do so. (Relevant regulation came after the passage)

The real issue in this case, however, is yet to be tackled. The public has long been supporting the program production by a public organization in terms of tax revenue, but now this organization is selling the materials to private party for profit, and simultaneously depriving the public of the right to access public information. This is utterly unreasonable and absurd, as if a citizen needs to pay a private company exclusively for the minutes of Legislative Council.

The RTHK is now preparing for its corporatization. It is in the interest of the public to monitor the principle and process of corporatization closely, so as to ensure public interest remains prioritized, and also to prevent RTHK from getting double subsidy: from the public's tax revenue for producing programs, as well as from the tertiary education sector for the copyright of the programs, meanwhile transferring the profit to a private enterprise with exclusive distribution right.

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Reference:

Chapter: 528 Title: COPYRIGHT ORDINANCE
Section: 43 Heading: Performing, playing or showing work in course of activities of educational establishments Version Date: 30/06/1997

(1) The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment-
(a) by a teacher or pupil in the course of the activities of the establishment; or
(b) at the establishment by any person for the purposes of instruction,is not a public performance for the purposes of infringement of copyright.

(2) The playing or showing of a sound recording, film, broadcast or cable programme before such audience at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.

(3) A person is for this purpose directly connected with the activities of an educational establishment if he is the parent or guardian of a pupil at the establishment.[cf. 1988 c. 48 s. 34 U.K.]

note 1: ‘A century of dream factory’
It is about the development of film industry in Hong Kong

note 2: ‘Success stories series’
It illustrates the examples of some successful Chinese and examines the elements for their success.

note 3: ‘Below the lion rock’
It tells about the harsh stories of the poor in Hong Kong

photo: wikipedia