1. 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 Copyright in Education Sector Digital Copyright Development & Cases of Copyright Infringement In Using e-Learning Resource Dec. 3, 2010

2. 2 Copyright in Education Sector 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??

3. 3 Copyright in Hong Kong Basics of Copyright 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) Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htmhttp://www.ipd.gov.hk/eng/pub_press/publications/hk.htm

4. 4 Copyright in Hong Kong Copyright Law in Hong Kong (1/5) 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 Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htmhttp://www.ipd.gov.hk/eng/pub_press/publications/hk.htm

5. 5 Copyright in Hong Kong Copyright Law in Hong Kong (2/5) 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 Ref: HK COPYRIGHT ORDINANCE – S2

6. 6 Copyright in Hong Kong Copyright Law in Hong Kong (3/5) 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”. Ref: HK COPYRIGHT ORDINANCE – S22

7. 7 Copyright in Hong Kong Copyright Law in Hong Kong (4/5) 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 Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htmhttp://www.ipd.gov.hk/eng/pub_press/publications/hk.htm

8. 8 Copyright in Hong Kong Copyright Law in Hong Kong (5/5) 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 Ref: http://www.ipd.gov.hk/eng/pub_press/publications/hk.htmhttp://www.ipd.gov.hk/eng/pub_press/publications/hk.htm

9. 9 Fair Dealing in Education Sector 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. Ref: HK COPYRIGHT ORDINANCE – S41A

10. 10 Fair Dealing in Education Sector 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. Ref: HK COPYRIGHT ORDINANCE – S41A

11. 11 Fair Dealing in Education Sector 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 Ref: HK COPYRIGHT ORDINANCE – S41A

12. 12 Fair Dealing in Education Sector 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?

13. 13 Fair Dealing in Education Sector 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?

14. 14 Fair Dealing in Education Sector 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?

15. 15 Fair Dealing in Education Sector 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!

16. 16 Photocopying in Education Sector Photocopying (1/4) Copyright Exemptions for the Education Sector 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. Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htmhttp://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm

17. 17 Photocopying in Education Sector Photocopying (2/4) Copyright Exemptions for the Education Sector 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. Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htmhttp://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm

18. 18 Photocopying in Education Sector Photocopying (3/4) Copyright Exemptions for the Education Sector Photocopying from Newspapers Not more than 15 articles may be copied from the same newspaper title for one course in any one academic year. Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htmhttp://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm

19. 19 Photocopying in Education Sector Photocopying (4/4) Copyright Exemptions for the Education Sector 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 http://www.ipd.gov.hk/eng/intellectual_property/copyright/workshop/clarifying/Eng_g uidelines_2_Aug_04.pdf Ref: http://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htmhttp://www.ipd.gov.hk/eng/faq/copyrights/guide_photo_faq.htm

20. 20 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

21. 21 Copyright in Education Sector Disclaimer…

22. 22 Copyright in Education Sector 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 jckyau@comp.hkbu.edu.hk http://www.comp.hkbu.edu.hk/~jckyau jckyau@isoc.hk http://www.isoc.hk

23. 23 Copyright in Education Sector ~~ Thank You ~~