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
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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
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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
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(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
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(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.
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Literary work & Dramatic work
Acknowledgement
(title, author, etc.)
IF “YES” - go to fair dealing test
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IF “NO” - not fair dealing
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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
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IF “NO” - not fair dealing
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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 !
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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.
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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 !
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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
.
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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.
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(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.
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(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
.
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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
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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.
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