LibGuides: Copyright: Copyright

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For specific legal concerns or detailed guidance, please consult a qualified legal professional or contact the Free Legal Advice Scheme on HKU Campus.

Introduction to Copyright

Copyright protects the rights of creators, encouraging creativity and innovation by ensuring that their hard work is properly recognized and rewarded. At the same time, it balances the interests of the public by allowing fair use of copyrighted works for purposes such as education and research.

What Is Copyright?

Copyright is a type of intellectual property right that belongs to the creator of an original work. It arises automatically when the work is created and does not require any registration or other formalities. Works created or first published anywhere in the world are protected by copyright.

Copyright protects the expression of ideas, not the ideas themselves. The copyright owner holds exclusive rights to copy the work; distribute copies to the public; perform, display, or broadcast the work publicly; and create adaptations or derivative works.

Like other intangible personal property, copyright can be licensed or transferred. For instance, publishers often request permission to transfer some or all copyright rights when accepting a work for publication.

What Does Copyright Protect?

In copyright law, the written expression of an idea is called a “work.” Copyright protects the following nine categories of works:

1. Literary works
2. Dramatic works
3. Musical works
4. Artistic works
5. Sound recordings
6. Films
7. Broadcasts
8. Cable programmes
9. Typographical arrangement of published editions.

When Does Copyright End?

Generally, copyright lasts for 50 years after the creator's death. The exact duration can vary depending on the type of work. The table below, adapted from page 23 of the Leaflets from IPD, summarizes the copyright duration for different types of works:

Type of Work	Basic Period of Copyright Duration
Original literary, dramatic, artistic, and musical works	Until 50 years after the author of the work dies
Sound recordings	Until 50 years after production/release
Broadcasts, cable programmes	50 years after broadcast
Films	Until 50 years after the last of the following dies: (a) The principal director; (b) The author of the screenplay; (c) The author of the dialogue; or (d) The composer of music specially created for and used in the film.
Typographical arrangement of published editions	Until 25 years after the first publication

Fair Dealing Exemption

Fair dealing refers to the fair use of a copyrighted work. To balance the rights of copyright owners with the interests of society, the law provides exceptions that allow fair dealing for permitted purposes such as teaching, learning, research, and private study without infringing copyright.

To determine whether an act of dealing is fair, all relevant circumstances must be considered, especially the following four factors:

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;
The nature of the work;
The amount and substantiality of the portion dealt with in relation to the work as a whole; and
The effect of the dealing on the potential market for or value of the work.

It is important to note that copying a substantial part of a work constitutes infringement. The law does not specify a fixed amount that is considered "a reasonable extent" of copying. The determination of substantiality depends on the quality and significance of the portion copied, not just the quantity.

The key consideration is that the act should not conflict with the normal exploitation of the work by the copyright owner and should not unreasonably prejudice their legitimate interests.

Copyright vs Plagiarism

Although plagiarism and copyright infringement share some similarities, they are distinct concepts. The table below summarizes the differences between Plagiarism and copyright infringement.

	Plagiarism	Copyright Infringement
Definition	Passing off the ideas or works of another as your own without proper acknowledgment.	Reproducing, distributing, publicly displaying, or creating derivative works under copyright protection without permission.
Nature	An ethical breach.	A legal offense.
Subject of Protection	Proper credit and attribution for ideas and works.	Exclusive rights of copyright owners over their creative works.
Relationship to Ideas	A person can plagiarize ideas and works not protected by copyright.	Copyright does not protect ideas, but the expression of an idea.
Consequences	Academic penalties, loss of credibility, and disciplinary actions.	Legal sanctions, fines, and other penalties.
Prevention	Properly cite and credit original sources.	Obtain permission from copyright holders unless covered by fair dealing exceptions.

One can plagiarize without infringing copyright and vice versa. Examples:

Plagiarism but No Infringement	Both Plagiarism and Infringement	Copyright Infringement but No Plagiarism
A student reuses William Shakespeare's works, which are in the public domain, without citing the sources.	A student copies nearly an entire blog article in an assignment without permission from the blogger and proper attribution.	A student uses copyrighted music in a video for an assignment. Although the composer is credited in the video description, the student did not obtain a license from the copyright owner. The video is publicly accessible on YouTube.