Education Sector
Copyright in
Digital Copyright Development &
Cases of Copyright Infringement
In Using e-Learning Resource
Dec. 3, 2010
Dr. Joe C.K. YAU
Lecturer of Department of Computer Science, Hong Kong Baptist University
Convener of Copyright and Creativity Working Group, Internet Society Hong Kong
Researcher focuses in Digital Rights Management (DRM) and Copyright Protection
Education Sector
Copyright in Overview
• Basics of Copyright
• Copyright Law in Hong Kong
• Fair Dealing (公平處理) – Copyright Exemptions
for the Education Sector
• Fair Dealing Case Studies
• At the end of the day, why copyright??
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Copyright in Basics of Copyright
Hong Kong • Copyright = Copy + Right
• The right to make copies of the work
• The right given to the owner of an original work
• Does not require the work to have an aesthetic
value, to be creative, nor to be clever
• It is an automatic right
• An exclusive right the copyright owner enjoys
• Expires after certain time limit
(HK: 50 yrs after the creator of the work dies)
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Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htm
Copyright in Copyright Law in Hong Kong (1/5)
Hong Kong Copyright Law in Hong Kong…
• Tries to maintain a balance between…
– The rights of copyright owners for adequate
payment for the use of their works
– The rights of society as a whole to have access
to ideas and information
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Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htm
Copyright in Copyright Law in Hong Kong (2/5)
Hong Kong Types of Works Protected by the Copyright Law…
• Literary, dramatic, musical and artistic works
• Films, television broadcasts, cable diffusion
• Works made available to the public on the
Internet
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Ref: HK COPYRIGHT ORDINANCE – S2
Copyright in Copyright Law in Hong Kong (3/5)
Hong Kong Rights of the Copyright Owner…
• To copy the work;
• To issue copies of the work to the public;
• To rent copies of the work to the public;
• To make available copies of the work to the public;
• To perform, show or play the work in public;
• To broadcast the work or include it in a cable
programme service;
• To make an adaptation (改編) of the work or do any
of the above in relation to an adaptation, and those
acts are referred to as the “acts restricted by the
copyright”.
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Ref: HK COPYRIGHT ORDINANCE – S22
Copyright in Copyright Law in Hong Kong (4/5)
Hong Kong Infringement – Civil Remedies…
• Copyright owner can take civil legal action
against infringers
• Injunction to prevent further infringement
• An award for damages as well as costs
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Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htm
Copyright in Copyright Law in Hong Kong (5/5)
Hong Kong Infringement – Criminal Sanctions…
• Enforced by the Customs and Excise
Department
• Extensive powers of search and seizure in the
investigation
• Confiscate suspected infringing copies
• May be subject to a term of imprisonment of
up to four years and a maximum fine of
HK$50,000 per infringing article
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Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htm
Education Sector
Fair Dealing in Fair Dealing (1/7)
Copyright Exemptions for the Education Sector
• Fair Dealing (公平處理) – a copyright exemption
enjoyed by the education sector
• Fair dealing with a work by or on behalf of a teacher
or by a pupil for the purposes of giving or receiving
instruction in a specified course of study provided
by an educational establishment does not infringe
the copyright in the work or, in the case of a
published edition, in the typographical arrangement.
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Ref: HK COPYRIGHT ORDINANCE – S41A
Education Sector
Fair Dealing in Fair Dealing (2/7)
Copyright Exemptions for the Education Sector
Fair Dealing – takes into account all the
circumstances of the case, in particular…
1. the purpose and nature of the dealing, including
whether the dealing is for a non-profit-making
purpose and whether the dealing is of a
commercial nature;
2. the nature of the work;
3. the amount and substantiality of the portion dealt
with in relation to the work as a whole; and
4. the effect of the dealing on the potential market for
or value of the work.
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Ref: HK COPYRIGHT ORDINANCE – S41A
Education Sector
Fair Dealing in Fair Dealing (3/7)
Copyright Exemptions for the Education Sector
Preconditions for Fair Dealing:
• Published literary or dramatic work
Must accompanied by a sufficient acknowledgement
• Recordings of broadcast or cable programme
Must incorporate an acknowledgement of authorship
• Making available copies of the work through
the school network
– Must adopt technological measures to restrict
access, and
– Not stored in the network for an extended period
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Ref: HK COPYRIGHT ORDINANCE – S41A
Education Sector
Fair Dealing in Fair Dealing (4/7)
Copyright Exemptions for the Education Sector
Fair Dealing in the Education Sector – Basic Q & A
• Is “fair use” covering both printed and digital
resources?
• Use copyright works in whatever way teachers
or students like so long as it is for education
purpose?
• Can a school use pirated computer programs
for teaching and demonstration purposes in a
specified course of study under the fair dealing
provision for education?
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Education Sector
Fair Dealing in Fair Dealing (5/7)
Copyright Exemptions for the Education Sector
Fair Dealing in the Education Sector – Basic Q & A
• Is copyright clearance required for using
YouTube video for teaching in class?
• Can we download YouTube video to be shown
in class? Making copies? Storing on the
network?
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Education Sector
Fair Dealing in Fair Dealing (6/7)
Copyright Exemptions for the Education Sector
Fair Dealing in the Education Sector – Basic Q & A
• Is remixing/adaptation of copyright work into a
new educational resource okay?
• What guidelines should be given to students
when doing their homework?
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Education Sector
Fair Dealing in Fair Dealing (7/7)
Copyright Exemptions for the Education Sector
• All in all, fair dealing in education is a
complicated issue and often leads to gray area
• The main principle should be to balance
between protecting the rights of the copyright
owner and the best interest of the students in
their learning
• Yet, easier said than done!
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Education Sector
Photocopying in Copyright Exemptions for the Education Sector
Photocopying (1/4)
• Photocopying of literary, dramatic, musical and
artistic works “to a reasonable extent” by or on
behalf of educational establishments for
instruction purposes when no relevant licensing
schemes are available.
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Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm
Education Sector
Photocopying in Copyright Exemptions for the Education Sector
Photocopying (2/4)
Photocopying from Textbooks
• For one course in a calendar month, 2% of the
number of pages can be copied.
• For one course in an academic year, in total
5% of the number of pages can be copied.
• But if 2% or 5% of the number of pages
exceeds a chapter of the book, then only a
chapter may be copied.
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Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm
Education Sector
Photocopying in Copyright Exemptions for the Education Sector
Photocopying (3/4)
Photocopying from Newspapers
• Not more than 15 articles may be copied from
the same newspaper title for one course in any
one academic year.
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Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm
Education Sector
Photocopying in Copyright Exemptions for the Education Sector
Photocopying (4/4)
Guidelines to Teachers
• Teachers can make multiple copies of a printed
work for distribution to students for instruction
purposes.
• Note that teachers are not allowed to copy exercises
from a workbook for distribution to the students as
those are regarded as “consumables”.
• Teachers should contact the relevant licensing body
if what he wants to copy is beyond the allowable
amount.
• Licensing bodies: Appendix 2 of the following link
http://www.ipd.gov.hk/eng/intellectual_property/copyright/workshop/clarifying/Eng_g
uidelines_2_Aug_04.pdf
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Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm
Why Copyright?? Why Copyright??
• To protect creativity
• To create an environment where creativity can
flourish and hard work can be rewarded
• The public benefits from the creations
• Constitution of United States – Article I, Section 8:
– To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the
exclusive right to their respective writings and
discoveries;
• It should be there to promote, to enable the
progress of arts and science, but not there to
prohibit, nor to hinder
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Copyright in
Education Sector
Disclaimer…
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Education Sector
Copyright in Lastly, My Contact Info
Dr. Joe C.K. YAU (邱祖淇博士)
Dept. of Computer Science, Hong Kong Baptist University
jckyau@comp.hkbu.edu.hk
http://www.comp.hkbu.edu.hk/~jckyau
Internet Society Hong Kong
jckyau@isoc.hk
http://www.isoc.hk
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Copyright in
Education Sector
~~ Thank You ~~
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