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Intellectual Property Department, Hong Kong SAR Government 1
11 November 2005
Copyright
Intellectual Property Workshopby
Intellectual Property Department
Duty Lawyer Service Legal Advice Scheme
Intellectual Property Department, Hong Kong SAR Government 2
Outline
• Nature of copyright• Copyright works• Restricted acts• When will copying constitute infringement ?• How are works protected?
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Nature of copyright
• Intangible property
• Protect 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)
• Literary works
• Dramatic works
• Artistic works
• Musical works
Duration of copyright: life of author + 50 years
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Copyright works (2)
• Sound recordings
• Films
• Broadcasts
• Cable programmes
Duration of copyright: 50 years after work is made
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Copyright works (3)
• Typographical arrangement of published edition
• Duration of copyright: 25 years from 1st publication
XX日報
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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 (1)
• Copy
• Issue to the Public
• Perform in public
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Restricted acts (2)
• Broadcast, include in a cable programme service
• Make an adaptation
• Make available to the public through the Internet
中文
Eng
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What is copy ?
• Not limited to “hard copies”
• Include storage by electronic means– fax, scan, download to hard disk, print
• Include copy 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
• Importing or exporting infringing copy
• Possessing or dealing with infringing copy
• Providing means for making infringing copies
• Permitting use of premises for infringing performance
• Provision of apparatus for infringing performance
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How are works protected?
Copyright Ordinance provides---
• Criminal Sanctions --- enforced by the Customs and Excise Department
• Civil Remedies---civil action taken by copyright owners against infringers
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Criminal Sanctions
• Copyright OrdinanceSection 118 - Making or dealing with infringing articles
• Section 119A - Copyshop Offence
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Penalty
• subject to a maximum fine of HK$50,000 per infringing copy and a term of imprisonment of up to four years.
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Thank you
