Copyright is the right given to the owner of an original work, both print or from the online environment, including:
You as the copyright owner has exclusive rights to reproduce, prepare derivative works, distribute, copy, perform or display your work. Unless you choose to transfer all or part of these rights as is often the case when signing copyright transfer agreements with publishers, you keep all your rights. Anyone who exercises these rights without your permission (except as in fair dealing) is deemed to commit copyright infringement.
Fair dealing refers to exemptions aimed at facilitating modern teaching and applies to both printed works and online materials. The exemption allows teachers and students to use reasonable portions of copyright work in a fair manner for teaching and learning:
To decide whether your dealing with a copyright work is “fair”, you need to consider all circumstances of the use, in particular:
Note however, that there is no prescribed amount on what can be copied. It is not always quantity, but also quality when observing fair dealing. For example, a work will only be infringed if a substantial or important part is taken, such as copying a catchy musical phrase from a song.
To enjoy fair dealing, you need to ensure proper attribution - acknowledge with title and authorship of the work.
Defined by various international legal systems, fair use is a concept related to fair dealing but the difference is not clear-cut. The U.S. legal tradition in copyright and intellectual property has long relied on fair use while the Commonwealth countries have all used fair dealing instead.
To understand what constitutes as fair, check out the U.S. Copyright Office Fair Use Index which documents U.S. judicial decisions and courts of appeal’s fair cases. Select the Education/Scholarship/Research category to focus on examples from academia.
Source | copyright.gov/fair-use
Copyright does not last forever. Unlike the U.S. where protection is for 70 years, copyright protection in Hong Kong is for 50 years depending on the nature of your work:
Copyright is automatic - it arises when a work is created. Unlike other intellectual property such as patents, trademarks and industrial designs, you do not need to register for copyright protection. In fact, there is no official registry in Hong Kong for copyright registration. Whether your work has aesthetic value or is creative does not matter at all. An item as simple as a photograph taken by anyone is automatically protected.
Hong Kong is also bound by a group of international treaties to respect copyright in works of creators from other places, and most of the world is covered by these treaties. Your work is therefore recognised and protected in all parts of China (including Taiwan) and around the world.
Creative Commons is a non-profit organisation set up in 2001 with the aim to facilitate sharing and reuse of creativity and knowledge through the use of various legal tools. It allows users to easily create their own licence from 6 categories:
Exceptions in copyright law are intended to balance the rights of the owners and society as a whole for public good. This forms the basis for the fair dealing criteria. A work will only be infringed if a substantial part is taken, not only in terms of quantity but also quality. A musician copying a very catchy phrase from another song can be infringement even if that phrase is very short.
Subject to conditions, fair dealing for research and private study; criticism, review and news reporting, for use of works in library and school are permitted. Nevertheless you should still be cautious about possible infringement such as photocopying an unreasonable amount of a book.
It is good practice to include a copyright notice in your published work to indicate your ownership. The standard format is: © [year of first publication]. [name of copyright owner]. All rights reserved.
Example: © 2018. Hong Kong Baptist University. All rights reserved.
Please note however, that use of the '©' mark is not a sign of registration. it is simply a signal to others to respect your rights as the owner.
Like all intellectual property laws, copyright laws are complex and can be seen as confusing, particularly when aspects such as fair dealing can appear to be unclear. The Intellectual Property Department tells us that it is best to understand copyright, as all other Intellectual property laws, that it is designed to "strike a balance between rights and responsibilities".
A good way to answer the above question is, as IPD said, instead of asking yourself "do I have the right to do this?", it is better to consider "would it be fair for someone to do this to me?".
About this Guide
This guide is intended to provide a brief introduction and answer frequently asked questions. It does not seek to be exhaustive and definitely cannot be taken as legal advice.
If you need legal support, we recommend that you contact colleagues at the HKBU Knowledge Transfer Office as they work with solicitors and legal advisers on a daily basis and can offer in-depth consultations and professional advice.
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