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Outline
What is Copyright ? Copyright Ordinance (Cap 528) Controversies facing copyright law 2006 Amendment Bill – latest development
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© opyright
Industrial Designs
TrademarksPatents
What is Copyright: a Form of Intellectual Property
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What is Copyright ? Right given to the owner of an original work Works include:
Musical works
Computer software
Dramatic works
Artistic works
Sound recordings
FilmsCable programs
Books
And More …
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Copyright-Related Legislation
Copyright Ordinance (Cap. 528) Copyright (Suspension of Amendments) Ordi
nance 2001 (Cap. 568)
Prevention of Copyright Piracy Ordinance (Cap. 544)
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Copyright Ordinance (Cap 528)
1st local copyright law Took effect on 26 June 1997 Remains the law governing the existing
copyright practice in Hong Kong after 1 July 1997
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Features
Provides comprehensive protection No registration is required Protects copyright works from all over the
world Works in HK are protected in most countries
and territories
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Duration
literary, dramatic, musical, artistic works 50 years after the death of the creator
sound recordings, films, broadcasts, cable programs
50 years after the work is created typographical arrangement of a
published edition 25 years after the edition was first published
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Acts Restricted
copy the work issue copies of the work to the public rent copies of the work to the public where the work i
s a computer program or sound recording make available copies of the work to the public perform, show or play the work in public broadcast the work or include it in a cable
programme service make an adaptation of the work or do any of the abov
e in relation to an adaptation
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Copyright Infringement
Copyright in a work is infringed by a person who without the licence of the copyright does any of the acts restricted by the copyright
; or authorizes another to do so.
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Liabilities
Civil damages, injunctions, accounts
Criminal (restrictive) computer software, movie, television drama o
r music recording.
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Permitted Acts in Relation to Education (s38-45)
fair dealing (s. 38-39); for research and private study for criticism, review and news reporting
things done for the purpose of instruction or examination (s. 41);
performing, playing or showing work in course of activities of educational establishments (s. 43);
recording by educational establishments of broadcast and cable programmes (s. 44);
reprographic copying made by educational establishments of passages from published works (s. 45);
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Permitted Acts in Relation to Librarians and Archivists (s46-53)
For research and private study (s47-49) make and supply a copy of an article in a periodical
no more than one article contained in the same issue of a periodical
make and supply from a published edition a copy of part of a literary, dramatic or musical work
no more than a reasonable proportion of any work; and
On a singed declaration One copy per person No similar request made for the same material, at the
same time and same place
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Permitted Acts in Relation to Librarians and Archivists (s46-53)
Supplies of copies to other libraries (s50) A copy of an article in a periodical (a); or A copy of the whole or part of a published edition
of a literary, dramatic or musical work (b); or A copy of a sound recording or film (c) No previous copy supplied or copy supplied has
been destroyed or damaged Name and address of a person entitled to
authorize the making of the copy unknown (for b and c)
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Example: HKU Libraries Document Delivery http://lib.hku.hk/general/e-form/index.html
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Permitted Acts in Relation to Librarians and Archivists (s46-53)
Replacement or preservation copies of works (s51) make a copy from any item in the permanent
collection of the library or archive to preserve or replace the item in its own library; or to replace the item in another specified library
when not reasonably practicable to purchase a copy of the item
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Permitted Acts in Relation to Librarians and Archivists (s46-53)
Articles of cultural or historical importance (s53) make a copy of an article of cultural or
historical importance or interest and deposit the copy at the specified library or archive
if the article is likely to be lost to Hong Kong through sale or export.
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Is the copyright law a good law ?
"Only one thing is impossible for God: to find any sense in any copyright law on the planet . . . Whenever a copyright law is to be made or altered, then the idiots assemble." - Mark Twain
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What is a good copyright law ?
Copyright holders
Protect proprietary right
Encourage creativity
Copyright users
Allow reasonable use
Ensure free flow of information
Copyright Law: Strike the Balance
Conflicts
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Controversies about HK copyright law Danger of protecting too much - Pendleton
HK vs US vs UK Limited existing permitted acts - K.H. Pun
Adverse impact on education and software industry
2001 new amendments Extended scope of criminal liabilities (suspend
ed)
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2006 Amendment Bill –latest developments Existing Business End-User Criminal Liability
Limited to four categories Applicable to educational establishments
New criminal liability proposed For copying/distributing infringing copies of ne
wspapers, magazines, periodicals and books Not applicable to non-profit educational establi
shments Safe harbour
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2006 Amendment Bill –latest developments Circumvention of technological measures
Civil liability Make or deal with Provide services Do the act
Criminal liability Commercial dealing Commercial provision of service
Exemptions Research into cryptography, security testing,
gaining access to parallel imported copyright works, and preventing access by minors to harmful materials on the Internet,
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2006 Amendment Bill –latest developments Parallel importation of copyright works
Educational establishments or libraries will not incur any civil or criminal liability
The 18-month period is shortened to 9-month
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2006 Amendment Bill –latest developments Fair Dealing
Exemption of copyright infringement Proposed a list of factors to be considered by the
court Permitted Acts
make improvements to the existing permitted acts for education to allow more reasonable use of the copyright work.
allow non-profit making establishments to produce specially adapted copies of copyright works for the use by the people with a print disability.
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Conclusion
"Earlier generations of technology . . . have presented challenges to existing copyright law, but none have posed the same threat as the digital age.” - John V. Pavlik, New Media Technology, 1996
