COPYRIGHT
and Your Profession as a Librarian
知識產權署
Pancy S H Fung
Assistant Director
Intellectual Property Department
The Government of the Hong Kong Special Administrative Region
28.4.2004
Intellectual Property Department, Hong Kong SAR Government
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BACKGROUND
• Copyright protection began on 1.7.1912
• Localised, comprehensive and modernised
copyright law came into operation on 27.6.1997
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Nature of Copyright
• Intangible property
• Protects form of expression
Not ideas
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Qualification for Copyright Protection
• HK protects copyright works from all over the
world
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Copyright Works (1)
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Original literary works
Original dramatic works
Original artistic works
Original musical works
Life of author + 50 years
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Copyright Works (2)
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Sound recordings
Films
Broadcasts
Cable programmes
50 years after work is made
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Copyright Works (3)
• Typographical arrangement of published edition
• 25 years from 1st publication
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Registration ?
• Not required
• Protection is automatic once work is created
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Copyright Notice
• ©Owner, year of first publication
• Not compulsory
• Intends to protect its copyright
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Ownership
• Author - first owner
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Employee’s Work
• Employer as owner
• Made in the course of employment
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Commissioned Work
• Ownership depends on contract
• Exclusive licence to use
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Restricted Acts
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Copying
Distributing
Public performance
Making available (Internet/intranet)
Broadcast, Cable programme
Adaptation
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What is copying ?
• Not limited to “hard copies”
• Includes storage by electronic means
- fax, scan, download to hard disk, print
• includes copying by hand
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When will copying constitute
infringement ?
• Whole or substantial part
• Quality & quantity
• No prescribed %
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Secondary infringement
• Knowingly possess an infringing copy of a
movie/TV drama/music recording/computer
program in business
• Regardless of whether business deals in
infringing copies
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Statutory Permitted Acts (1)
(a) Primary consideration
• Does not conflict with a normal exploitation of the work nor
prejudice the legitimate interest of the copyright owner
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Statutory Permitted Acts (2)
(b) Specific Purposes
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Research & private study
Criticism & review
Education
Libraries
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Research & Private Study
• Fair dealing by researchers or students
• Whether any dealing is fair depends on
- purpose of dealing
- nature of work
- quantity and quality dealt with
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Criticism & Review
• Fair dealing
• Acknowledgement
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For purposes of instruction
• Copying by teachers or students in the course of
instructions
• To a reasonable extent
• Not by reprographic means
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For purposes of examination
• Setting of questions
• Reprographic process allowed
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Educational Establishments (performance)
• in the course of activities
• Audience - pupils, teachers, persons directly
connected with activities
• Performers - teachers, students
• If performers are not teachers/students, for
instruction purpose only
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Educational Establishments (playing or
work)
• Playing or sound recording, film, broadcast,
cable programmes
• For instruction purpose
• Note conditions of use
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Recording of Broadcast by Educational
Establishments
• Educational purpose
• By or on behalf of an educational establishment
• Acknowledge authorship and other creative
effort
• Not for gain
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Educational Establishments
(Reprographic copying)
• Reasonable extent
• For instruction purpose
• Not applicable if authorization for copying
available under licensing schemes
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Copying by librarians (1)
• Copyright (Libraries) Regulations
• Signed declaration :
- Copies required for research/private study
• Pay photocopying fees
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Copying by librarians (2)
• Articles in periodicals
- Limited to one article
- Only one copy of the article
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Copying by librarians (3)
• Other published works
- Reasonable proportion
- Single extract, not more than 4000 words
Series of extracts, - not more than 3000 words/extracts
total not more than 8000 words
In any case, not more than 10% or work
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Licensing Bodies
• The Composers and Authors Society of Hong Kong Ltd
(CASH)
• Phonographic Performance (South East Asia) Ltd. (PPSEAL)
• Hong Kong Reprographic Rights Licensing Society
(HKRRLS)
• The Hong Kong Copyright Licensing Association Limited
(HKCLA)
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Hypertext Link
• Surface link - generally acceptable - but
advisable to obtain prior consent
• Others - prior consent
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Copying of books
• Government and Subsidised Schools obtained
HKRRLS licence
• Comply with terms of licence
• HKRRLS’s licence does not cover newspapers
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Copying of Local Newspapers
• HKCLA (which represents 12 local newspapers) has
announced that kindergartens, primary schools and
secondary schools are permitted to copy newspaper
articles for internal reference or instruction purposes on
a free-of charge basis, subject to certain prescribed
terms.
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Copying of Local Newspapers
• The Scheme will continue until 14 November
2004
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Guidelines for Photocopying of Printed Works
by Not-for-profit Educational Establishments
• Purpose :
To provide guidance for determining the extent of
permissible photocopying of printed works by or
on behalf of not-for profit educational
establishments for instruction purposes
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Development of Non-statutory Guidelines for Copying and
Distribution of works in an Electronic Environment by Not-forProfit Educational Establishments (1)
• Consensus needed
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Scanning of sections of printed books/articles used in coursework and
uploading to intranets for a limited period
Downloading of digitized works from the Internet and uploading to
intranets for a limited period
Copying of small portions of sound and film recording for inclusion into
teaching materials (e.g. computer presentations)
Printing of digitized works from the Internet for distribution to students
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Development of Non-statutory Guidelines for Copying and
Distribution of works in an Electronic Environment by Not-forProfit Educational Establishments (2)
• Elements of consensus achieved
– Despite not having reached an overall consensus, there was broad
agreement on some elements (i) definitions of ‘school intranets’
(ii) individual password access by students required
(iii) approximate time periods for storage of materials
(iv) need for teachers to explain to students about copyright
protection
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2004 WIPO Regional Symposium on Copyright in Educational
Institutions and Libraries in the Digital Era
• The international community could assist by -
- Arranging multi-party negotiation (Identify common ground)
- Develop model Fair Use Guidelines
- Develop model e-licensing schemes
• Longer term :
- Provide technical assistance on digital rights management
- Implement pilot e-licensing schemes
- Develop an international Copyright Clearance Center
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Follow-up of the Copyright (Amendment) Bill 2003
• Discuss with copyright owners and users to find out a long term
solution for scope of business end-user liability
• Consider the adoption of the US model of fair use
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Further Information
• Website of the Intellectual Property Department :
www.info.gov.hk/ipd
• Hotline : 2803 5860
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Thank you
and
Q&A
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