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In response to concerns expressed by the education sector on whether the amended Copyright Ordinance would affect normal educational activities, a Government spokesman said today (March 30) that the Copyright Ordinance had already provided appropriate exemptions for such activities.

The Copyright Ordinance contains provisions which allow schools to make copies of copyright works, to a reasonable extent, for the purpose of instruction without having to seek consent of copyright owners. However, such acts must not conflict with the normal exploitation of the work by the copyright owner or unreasonably prejudice the legitimate interests of the copyright owner.

However, if licences are available under licensing schemes for the relevant copyright works, schools must first obtain such licence before making copies of the copyright works.

As regards the photocopying of books, the Education Department, the Hong Kong Subsidized Secondary Schools Council, and the Hong Kong Subsidized Primary Schools Council signed a licensing agreement with the Hong Kong Reprographic Rights Licensing Society respectively in April last year. Both government and subsidized schools can make photocopies of books according to the terms of the agreement.

As regards comments that the term "reasonable extent" under the Copyright Ordinance is ambiguous, the Government spokesman pointed out that the term "reasonable extent" has to be judged according to different circumstances. This concept has existed in the legislation for a long time. To quote an example, photocopying an entire reference book or compiling the essential parts of five different textbooks available in the market into one bound volume for students' use are acts unreasonably prejudicing the legitimate interests of the copyright owners. If a teacher irregularly makes copies of excerpts of news reports in different newspapers and distributes to students in his or her class for the purpose of instruction, the act can be considered as copying to a reasonable extent.

To enable the education sector to have a better understanding of this issue, the Government has specifically compiled a list of frequently asked questions and answers (see annex) for reference.

Annex

Q 1: Is it an offence to make copies of copyright works in schools for the purposes of instruction?

A 1: The Copyright Ordinance has already contained provisions which allow schools to make copies of copyright works, to a reasonable extent, for the purposes of instruction without having to seek consent of copyright owners. However, such acts must not conflict with the normal exploitation of the work by the copyright owner or unreasonably prejudice the legitimate interests of the copyright owner.

However, if a licence for photocopying of the copyright works through an established licensing scheme is available, schools must first obtain the licence before making copies of the works concerned.

Regarding photocopying of books, the Education Department, the Hong Kong Subsidized Secondary Schools Council and the Hong Kong Subsidized Primary Schools Council has each concluded a licensing agreement with the Hong Kong Reprographic Rights Licensing Society in April last year. This will facilitate both government and subsidized schools photocopying books according to the terms of the agreement.

Q 2: Can schools make photocopies of news articles, fine essays or works of educational value for the discussion and appreciation by students?

A 2: The existing Copyright Ordinance has already provided for flexible treatment of photocopying in schools. Please refer to A1. At present, teachers can make, to a reasonable extent, photocopies of excerpt of news articles and distribute them to students in their classes for the purposes of instruction. This falls within the permitted acts of the Copyright Ordinance.

Q 3 Can some examples be clearly given to explain to schools and define what kinds of photocopying activities are against the law?

A 3 It will be an offence if a school, without the consent of the copyright owner, arranges the photocopying of an entire reference book for students, or compiles the essential parts of five different textbooks available in the market into one bound volume for students' use. Obviously such acts unreasonably prejudice the legitimate interests of the copyright owner.

Q 4: Will the Government conduct checks on schools to combat copyright infringing activities?

A 4: For civil infringement cases, litigation is taken by copyright owners on their own through the court.

If criminal infringement activities are involved, the Customs & Excise Department (C&ED) is responsible for the enforcement. Since it is necessary to identify the copyright owner of the infringing articles and to ascertain whether the making of those articles has been licensed, C&ED will only take enforcement actions upon receiving complaints by identifiable complainants and obtaining the consent for assistance from the copyright owner concerned. The C&ED will not initiate checks on schools.

Q 5 What will be the consequences for a school that breaks the law? Who will be liable?

A 5 If a school is involved in a copyright infringing act, it may be subject to both civil and criminal liability. Depending on the circumstances of the case, the school management (e.g. the principal and supervisor) and the employees of the school (e.g. teachers or other staff) may also be liable.

Q 6: Is it against the law for a teacher or student to make large quantities of copies of reference materials and distribute them among students?

A 6: A teacher or student who, for the purpose of research or private study, makes, to a reasonable extent, copies of a copyright work without authorization will not contravene the law. However, one may not be allowed to copy the whole piece of work and normally not more than one copy will be allowed. Bulk copying may constitute an act of civil or criminal infringement.

Q 7: Can teachers download articles and pictures, etc from the Internet for the purposes of instruction?

A 7: Yes, if such act is done to a reasonable extent. The Copyright Ordinance has already contained provisions which allow schools to download and makes copies, to a reasonable extent, copyright works for the purposes of instruction without obtaining the consent of the copyright owner. However, such acts must not conflict with the normal exploitation of the works by copyright owners or unreasonably prejudice the legitimate interests of copyright owners.

However, if a licence to download the relevant works is available through an established licensing scheme, schools must obtain the licence before downloading and making copies of the works concerned.

Q 8: If the teaching materials contain extracts of articles in a copyright work, can a teacher upload the materials on the Intranet of the school to facilitate the teaching of other teachers or for students' use?

A 8: Yes, if such act is done to a reasonable extent. The Copyright Ordinance has already contained provisions which allow schools to upload, to a reasonable extent, copyright works for the purposes of instruction without obtaining the consent of copyright owners. However, such acts must not conflict with the normal exploitation of the work by the copyright owner or unreasonably prejudice the legitimate interests of the copyright owner. It must be noted that the materials concerned can only be delivered to the teachers and students of the schools concerned through the Intranet and must not be made available to the public.

However, a licence to upload the relevant works is available through an established scheme, schools must obtain the licence before uploading the works concerned.

Q 9: Can schools make recordings of radio or television programmes for showing to students?

A 9: Yes. The Copyright Ordinance has already contained provisions which allow schools to make recordings of radio or television programmes, to a reasonable extent, for the purposes of instruction without obtaining the consent of copyright owners. However, such acts must not conflict with the normal exploitation of the works by copyright owners or unreasonably prejudice the legitimate interests of copyright owners.

However, if schools can obtain a licence for the relevant program through an established licensing scheme, schools must first obtain the licence before recording and showing the programme.

End/Friday, March 30, 2001

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