Presentation: The amended Copyright Ordinance – How does

Download Report

Transcript Presentation: The amended Copyright Ordinance – How does

Presentation: The amended Copyright Ordinance: How does it affect teachers and students?

Organiser: Presenter: Date: Civic & Moral Education Committee Sir Ellis Kadoorie Secondary School (W.K.) Asha Sharma 16 November 2007

1 RICHARDS BUTLER

What is copyright?

 Copyright protects the

expression of ideas

,

not the idea itself

• e.g. your original recipe for a Chinese dish does not have copyright • But if you write it down, record a sound, make a video tape, draw a diagram, take photos regarding the recipe  protected by copyright law  Copyright

need not be registered

• arises naturally from the moment a ‘work’ is first reduced to a permanent form • © symbol : - not a sign of registration - only a

warning

RICHARDS BUTLER 2

The 4

new

changes

1) Copyright Ordinance s.41A

the new "fair dealing" exception for teachers & students

2) Copyright Ordinance s.45

reasonable scanning and photocopying applies to

students now 3) Copyright Ordinance s.43

schools can play audio/video recordings before a wider

audience now 4) Copyright Ordinance s.35B

School can use parallel imports for educational purpose RICHARDS BUTLER 3

(1) New “fair dealing” exemption

newly added exemption

came into effect on 6 July 2007

4 RICHARDS BUTLER

(1) New “fair dealing” exemption

WHY?

 (1)  (2) to facilitate modern teaching methods (e.g. frequent use of multimedia) to protect reasonable and fair use of copyright works for teaching and learning 5 RICHARDS BUTLER

(1) New “fair dealing” exemption

WHO?

  (1) (2)  (3)

teachers

people acting on behalf of a teacher (e.g.

teaching assistant

)

students

RICHARDS BUTLER 6

(1) New “fair dealing” exemption

WHAT?

 applies to "

fair dealing

instruction in a " " for the purposes of giving and receiving

specified course of study

" 7 RICHARDS BUTLER

(1) New “fair dealing” exemption

specified course of study:  a course of study for delivery of a issued by

curriculum

developed on the basis of curriculum guidelines

Curriculum Development Council

 a course of study which consists of an

assessment of a student's competence

area covered by the course, and leads to the award of a qualification in the RICHARDS BUTLER 8

“fair dealing” test

SOME

relevant circumstances, e.g.

purpose

of the use of copyright material: • commercial VS educational 

duplicate a substantial

portion?

adversely affect the market

for the copyright material?

• e.g. exemption unlikely to apply to a new movie currently showing in cinemas 9 RICHARDS BUTLER

Literary work & Dramatic work

      poems computer programmes intellectual creation of a table dance play scripts …etc.

10 RICHARDS BUTLER

Literary work & Dramatic work

Acknowledgement

(title, author, etc.)

IF “YES” - go to fair dealing test

RICHARDS BUTLER

IF “NO” - not fair dealing

11

Good Practice Tips

 Teachers should copyright work and record the date of copying the work, • acknowledge title, creator, source of a

should do so in a way obvious to a reader

 When scanning and photocopying copyright work, teachers should add their own input •

e.g. descriptions, captions, grouping, etc.

 Avoid using the entire original work unprocessed •

extract the relevant part

unedited and  Teachers should teach students to quote and author of potential copyright materials in their homework, projects, etc.

the title, source RICHARDS BUTLER 12

TV recording

Acknowledgement

(title, author, etc.)

IF “YES” - go to fair dealing test

RICHARDS BUTLER

IF “NO” - not fair dealing

13

Good Practice Tips

State

: • Title; • Producer (source); • Descriptions of the TV programme.

Add in the recording itself

• With help of information technology RICHARDS BUTLER 14

School network

 If the school fails to adopt technological measures to course of study restrict access to copyright materials to people using them for the specified

NOT FAIR DEALING !

RICHARDS BUTLER 15

Good Practice Tips

Set password

to restrict access to copyright material • Only authorised persons be given password 

Use alternative ways

instead of intranet to keep copyright items • CDs, hardcopies, etc.

RICHARDS BUTLER 16

School network

 If the school fails to ensure that copyright materials are not kept longer than necessary in its intranet • In any case not > 12 months!

NOT FAIR DEALING !

17 RICHARDS BUTLER

Good Practice Tips

Remove

the copyright materials from the network after use  Implement a policy to

regularly check the intranet

copyright materials which are already not in use for any • e.g. monthly checks RICHARDS BUTLER 18

School network

 After use of a copyright item for educational purpose, any subsequent… • • • •

sale, letting, hiring or offering for sale or hire

……of such copyright item can still amount to

copyright infringement

.

19 RICHARDS BUTLER

Good Practice Tip

NO FINANCIAL GAIN

from the copyright item in any form • to the school • to any staff RICHARDS BUTLER 20

(2) Reasonable scanning & photocopying

Before amendment

• teachers may scan or photocopy copyright materials e.g. literary or dramatic work, to a

reasonable extent

without infringing the copyright • if there is

no licensing scheme

available for copying those materials.

After amendment

• the same exception is extended to students .

reasonable extent

• no fixed rule RICHARDS BUTLER 21

Good Practice Tip

 Add the following details on the

front page

of the scanned or photocopied materials: or a

covering sheet Author (if known): Title of the work: Source (publisher): Date of making of this copy: This material has been copied in accordance with the "Guidelines for Photocopying of Printed Works by Not-for-Profit Educational Establishments". You are not permitted to make any further copy of this work, or to make it available to others. It is important to understand and respect copyright.

22 RICHARDS BUTLER

(3) playing audio and video recordings Before amendment of s.43

 activity (a) performance of a literary, dramatic or musical work by teachers or students, and  activity (b) playing a sound recording, film, TV programme in school premises for teaching purposes

only

before an audience of teachers, students, parents and guardians.

23 RICHARDS BUTLER

(3) playing audio and video recordings After amendment of s.43

 these activities are exempted from copyright infringement if done before an audience consisting

wholly or mainly

of: • teachers; • students; • parents or guardians of the students; and •

other persons directly connected with the activities of the school

.

RICHARDS BUTLER 24

Case Study -

1

• In a parent-teacher meeting with attendance of some

near relatives of the students

and

non-teaching members from the School Management Committee

a copyright clip regarding moral education.

, a teacher plays

Q:

A: Any breach of copyright? Probably

NO

Probably

YES

after the amendment before the amendment • • audience not just students, teachers, parents/guardians but audience consist classes of people

wholly or mainly AND

the activities of the school of these people directly connected with RICHARDS BUTLER 25

Case Study -

2

 In a school open day which is

open to the general public

, a teacher plays a copyright clip to the public.

Q: A:

Any breach of copyright? Probably

YES

before and after amendment.

 many of the audience

not directly connected with the activities of the school

 many may only be passers-by who happen to enter the school premises RICHARDS BUTLER 26

(4) Use of parallel imports Before amendment

 a school might be found liable for infringing copyright by

possessing, playing or showing

parallel imported copy of copyright work a • What are “

Parallel imported copies

”?

- genuine copies that are originally made and destined for a market outside Hong Kong, and are subsequently imported into Hong Kong without the consent of the copyright owner RICHARDS BUTLER 27

(4) Use of parallel imports After amendment (now: s.35B)

 if a school imports or possesses a

parallel imported copy

of copyright work and plays or shows it in public for

educational purposes

of the school, there is no copyright infringement.

• e.g.

movies

,

musical recordings

,

TV dramas

28 RICHARDS BUTLER

Case Study -

3

 The English panel possesses a

parallel imported copy of CD

which may be played to teach students English phonetics.

Q: A:

Any copyright infringement? Probably

NO

after the amendment Probably

YES

before the amendment RICHARDS BUTLER 29

Case Study -

4

 An Arts teacher instructs a student to work on a project about a famous painter. The student incorporates into the project two paragraphs of

commentaries about the painter from a copyright article

. The student

acknowledges

the source of the commentaries on the first page of his project portfolio.

Q: A:

Any copyright infringement under s.41A? Probably

NO

.

- acknowledgement of source passes the "fair dealing" test - non profit-making, for educational - only a small portion copied purpose from the copyright work 30 RICHARDS BUTLER

Case Study -

5

 A student prepares for the HKCEE public exam and

photocopies 3/4 of a popular textbook

, as he thinks the textbook is too expensive.

Q: A:

Any copyright infringement under s.41A? Probably

YES

.

does not pass the "fair dealing" test excessive portion copied from the textbook adversely affects the market for the textbook 31 RICHARDS BUTLER

Case Study -

6

 A teacher plays a

DVD of a movie currently showing in cinema

to the class to reward the students' efforts in the previous exams.

Q: A:

Any copyright infringement under s.41A? Probably

YES

.

does not pass the "fair dealing" test -

current movie

adversely affects the market - not for educational purpose for the movie 32 RICHARDS BUTLER

Case Study -

7

 A teacher compiles a power point presentation regarding Chinese culture. She includes a Chinese culture.

short copyright clip

of a film which is not currently shown in cinemas but which is helpful in demonstrating The teacher

states in the power point producer

and the

director

. the

title

of the film, the

Q: A:

Any copyright infringement under s.41A? Probably

NO

.

acknowledgement of source passes the "fair dealing" test - non profit-making, for

educational

- just a

small portion copied

purpose from the work 33 RICHARDS BUTLER

PLAY SAFE!

Thank you very much.

RICHARDS BUTLER 34