Copyright & Plagiarism

Copyright is the right given to the owner of an original work, both print or from the online environment, including:

1. Literary works such as books and computer software
2. Musical works such as musical compositions
3. Dramatic works such as plays
4. Artistic works such as drawings, paintings and sculptures, sound recordings, films, broadcasts and cable programmes
5. Typographical arrangement of published editions of literary, dramatic or musical works
6. Performers' performances

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.

https://www.ipd.gov.hk/eng/pub_press/publications/hk.htm#cp1

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:

1. Literary, dramatic, musical or artistic works and films (in general)
   50 years from the end of the calendar year in which the author died. However, upon death of the author or creator, copyright passes on the heirs so even though Picasso is dead, his works are still protected.
    
2. Sound recording
   50 years from the time it is made, or if during that period it is released, 50 years from the date of release.
    
3. Performance
   50 years from the time the performance takes place or, if during that 50 year period, a recording of the performance is released, the protection lasts for 50 years from the date of release. 

https://www.ipd.gov.hk/eng/pub_press/publications/cpr_ed_e.pdf

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.

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.

https://www.ipd.gov.hk/eng/pub_press/publications/hk.htm#cp1

If you are making copies for instructional purposes, regardless of whether the source is print or online materials, the copying should be of a limited amount and must fulfill all fair dealing criteria under the Copyright Ordinance. Take for example, a student copying a whole textbook or a large portion of it to avoid buying is not fair dealing because the amount of copying is significant and the market value for the book will be adversely affected.

It is also important that you properly acknowledge the title and authorship of the work.

Hong Kong's Amended Copyright Law: A Guide for Teachers and Students
http://ipd.gov.hk/eng/intellectual_property/copyright/edu_guide.pdf

Making sound and video recordings of broadcast or cable programmes

Educational establishments are allowed to make recordings to show to students at the school for teaching purposes (not entertainment). But this sort of recording is only allowed provided you do not clip off the credits at the beginning or end.

It is not a problem if the actual recording is made outside the school (e.g. at a teacher's home) for the purposes of teaching in the teacher's school. The recording must not be done 'for gain': that is, you can't set up a commercial service making such recordings for schools. Also, the recording cannot subsequently be hired or sold to third parties.

Playing sound and video recordings

You may show or play a sound or video recording (even if there is a licensing scheme in existence) without infringing copyright provided that all three of the following conditions are satisfied:

• the playing is in an educational establishment
• the playing is to an audience consisting wholly or mainly of teachers, pupils, their parents or guardians and other persons directly connected with the activities of the educational establishment
• the playing is for the purpose of giving or receiving instruction

https://www.ipd.gov.hk/eng/pub_press/publications/cpr_ed_e.pdf
https://www.ipd.gov.hk/eng/intellectual_property/copyright/edu_guide.pdf