What is copyright law?

According to the local Copyright Law, copyright means that the owner of an original work can exercise the following rights, including the rights of reproduction, distribution, performance, adaptation and broadcasting, and has the right to prohibit anyone from exercising the above rights without authorization. Copyright original works, including literary, musical, dramatic and artistic works, as well as sound recordings, films, radio or cable TV programs and published print formats, are all protected by Hong Kong copyright law. To sum up, works protected by copyright law can be divided into the following two categories:

The first category: works with definite authors that must be created by the author himself, including literary works, dramatic works, musical works and artistic works.

The second category: copyright works from original works, including sound recordings, audio-visual products, film works, radio and television programs, cable TV transmission and typesetting methods in printed formats such as words and pictures.

Under normal circumstances, if a work of Category I is publicly published while the author is alive, the copyright protection period shall be from the date of publication of the work to 50 years after the author's death. If the work has never been published before the author's death, the copyright belongs to the author indefinitely. Original works are protected by copyright within 50 years from the date of broadcasting or distribution, and the protection period of printed matter format is valid for 25 years from the date of first publication. After the end of the protection period, the copyrighted works become public property. Therefore, the purpose of this arrangement is to balance the investment of the owners and the requirements of the society for these works, so it is absolutely reasonable. However, if the owner of the work wants to extend the copyright protection period, it is also a feasible method to constantly modify the printed matter.

Unlike other types of intellectual property rights such as patents, trademarks and industrial designs, copyright is an automatic right. Hong Kong's copyright law adopts the "automatic protection system", that is, after the creator completes the work and publishes it in any form, he will automatically become the copyright owner of the work, and can be protected by law without registering or going through any formalities. Works by authors from all over the world, or works published for the first time around the world, can be protected by copyright in Hong Kong.

Although Hong Kong's intellectual property law is a local law, many international copyright conventions, such as Berne Convention for the Protection of Literary and Artistic Works, Paris Convention for the Protection of Industrial Property, International Copyright Convention, Geneva Records Convention and the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization, are applicable to Hong Kong, and all international treaties also stipulate that contracting parties must recognize the intellectual property rights of nationals of other member countries, so local creators are not the only ones. In addition, 19961February, World Intellectual Property Organization (WIPO)

The Internet Convention was completed on 20th, and the Hong Kong Copyright Ordinance, which came into effect in 1997, has already included the main provisions of the Convention. Therefore, Hong Kong and other member countries also prohibit the transmission of unauthorized copyright works on the Internet.

However, it must be emphasized that the copyright law only protects the expression of ideas or related products, but not the idea itself, that is, any creation must be transformed into a substantive expression form, such as public publication through the media, in order to be protected by the copyright law. Copying a book that explains printing skills is copyright infringement, but quoting the skills in the book is not.

What is infringement?

Infringement of copyright refers to exercising the rights owned by the copyright owner and engaging in business activities related to the exercise of rights without the consent of the copyright owner. To sum up, copyright infringement can be divided into direct and indirect types.

Direct infringement: refers to plagiarism; Copying, such as copying the expression language of copyright works into another language, or making any adaptation, including copying traditional media into intangible media and uploading or downloading them on the Internet; Publishing plagiarism, such as publishing a three-dimensional work copied from a two-dimensional copyright work.

Indirect infringement: refers to the act of importing, selling, renting or using pirated products for other commercial purposes, or even providing methods, tools or places for copyright infringement.

As far as direct infringement is concerned, the so-called plagiarism is not necessarily exactly the same as the original. As long as the essence of the work is adopted, it will be regarded as copyright infringement. This is a matter of quality, not quantity. In other words, even if only one sentence of the original work is copied, the plagiarist has infringed the copyright of others.

As for indirect infringement, the condition of its establishment is that the infringer knows that the object he deals with infringes the copyright of others, but still keeps such objects for the purpose of trading (including renting, exporting and importing). The so-called "knowingly committing a crime" is measured by objective standards, that is, as long as the infringer knows something that can explain that the commodity is copied to ordinary people, it is considered as intentional infringement of copyright.

Under normal circumstances, as long as the author agrees, his works can be reproduced legally. However, it must be clear that if a work is born under the following special circumstances, its copyright probably does not belong to the original copyright owner. To exercise the copyright of a work, it is necessary to directly consult the real owner of the copyright.

1. Staff Works

If a work is created by an employee for work during his employment, the copyright of the work belongs to the employer, unless otherwise agreed between the employer and the employee. If the work is used in a way that employers and employees can't foresee when making the work, employees can get some remuneration from their employers when the work is used.

2. commissioned works

If the author entrusts others to create the work, and the two parties have not concluded any agreement in advance, which clearly lists who owns the copyright after the work is completed and the length of its validity period, the copyright of the work belongs to the author, but the entrusting party has the exclusive permission that both parties can reasonably foresee the purpose of using the work when entrusting the production.

3. Transfer or sale of copyright

In order to balance the rights and interests of copyright owners and public interests, the law allows the public to reasonably use copyrighted works under certain conditions. For example, limited copying of academic papers for private study or research purposes, quoting other people's works in comments, quoting newspaper reports in current affairs reports, and using copyright works in educational institutions, libraries, archives and public administration departments are all legal infringements and do not conflict with copyright laws and regulations.

In fact, there are more than 50 provisions on "licensing behavior" in the Copyright Ordinance, which lists the existence of various copyrights, but it will not infringe when used. As for what kind of works should be handled under what circumstances, there is no clear definition in the regulations In short, "permitted behavior" usually includes private and domestic use. It is recognized that the code does not infringe the legitimate rights and interests of the copyright owner when used.

How to protect copyright?

Copyright generally belongs to the original creator. However, in order to avoid disputes under special circumstances, the originator may conclude a written agreement with the first partner such as the client. The contents of the agreement must include: the scope of original works that one party can use, the amount payable after use, the allowable use period and whether commercial use is allowed. The contents concluded by both parties may be more specific and detailed, so as to minimize the chances of copyright disputes in the future.

Although the law does not require any copyright owner to attach a statement to his work to protect his rights and interests, adding a copyright statement in a conspicuous place of the work can remind people who may infringe that if they want to exercise the copyright of the work, they must first obtain the consent of the copyright owner.

The most commonly used copyright notice arrangement method is:

(Name of copyright owner) (year of work completion)

All rights reserved and reproduced must be investigated.

If it is proved that the copyright of a work has been infringed, the copyright owner may institute criminal or civil proceedings.

Civil litigation: the copyright owner can recover from the infringer, including compensation for the loss of the copyright owner, recovery of the profits of the infringer or the total selling price of pirated products. However, when suing the other party by civil means, the copyright owner must first prove that he owns the copyright. However, due to the difficulty of proof, it is often difficult for the original plaintiff to prove the ownership of copyright. Therefore, manufacturers are advised to keep records of all production processes, including sketches, drafts, models, etc. As evidence of copyright.

Criminal prosecution: generally, it is a serious and large number of commercial infringement crimes, such as holding infringing articles for sale or commercial use, importing or exporting pirated articles, etc. The responsibility in this respect is borne by the Customs. According to the law, anyone who possesses infringing articles for sale or commercial purposes can be fined or imprisoned. The maximum penalty is four years' imprisonment and a fine of HK$ 50,000 per infringing article. Anyone who manufactures and sells equipment that infringes copyright is liable to a maximum of eight years' imprisonment and a fine of HK$ 500,000.

The copyright owner may apply to the court for an injunction to immediately prohibit all infringing acts of the infringer, or order the infringer to hand over all infringing articles to the court or the copyright owner.

After paying the deposit, the copyright holder or the copyright assignee may apply to the court for a seizure order, authorizing the customs to seize the imported goods suspected of infringement, so that the copyright holder can take further civil or criminal actions.

Copyright q&; A

1.

Q: Mr. Zhang submitted his own articles and photos to the newspaper. Once adopted and paid, does the copyright of the work belong to the newspaper?

A: No! Copyright is an exclusive exercise right, which generally belongs to the author. Mr. Zhang's contribution to the newspaper is equivalent to giving him a "franchise" to use his works. If there is no contract, the newspaper has the right to publish the work in the newspaper, and this right can only be exercised once. That is to say, if the newspaper needs to republish the work or want to compile the work into a book for some reason in the future, it must obtain the consent of the copyright owner, that is, Mr. Zhang.

2.

Q: Miss Huang commissioned Mr. Li to print a batch of product catalogues. Because of the excellent printing quality, Mr. Li showed it publicly in the company and solicited it without permission. Does his practice violate the copyright law?

A: Yes! Unless Mr. Li and Miss Huang agree in advance in the contract that the printed matter belongs to the entrusting party, the copyright belongs to the entrusting party, that is, Miss Huang. Mr. Li must get Miss Huang's permission before publicly displaying printed matter.

3.

Q: Mr. Chen asked Mr. He to use his works, and Mr. He gave him oral permission. Is this promise legally valid?

A: Yes! The terms of "licensing" the use of copyrighted works are stipulated by the agreement between the two parties. The agreement can be concluded in writing or orally, but if it involves granting the right of "exclusive license", which is commonly known as "selling off" copyright, the two parties must conclude the agreement in writing to be effective.

4.

Q: Anti-government groups borrowed the government's "flying dragon symbol" to change "Hong Kong government" to "anti-government" and publicly displayed it. Is this a violation of copyright law?

A: Yes! As long as the essence of the work is adopted, it is considered as copyright infringement. This regulation focuses on quality rather than quantity, and even if it is only a small part of a work, it can constitute infringement.

5.

Q: Miss Guan told Mr. Deng an innovative idea, and later Mr. Deng put it into practice. Did Mr. Deng infringe Miss Guan's copyright?

A: No! Copyright law protects not the creativity itself, but the expression of creativity and related products. Therefore, Mr. Deng's action does not infringe Miss Guan's copyright. On the contrary, once an idea becomes an entity, no matter who the original author of the idea is, the copyright will belong to the person who expresses the idea, that is, Mr. Deng.

6.

Q: Amy downloaded a photo from the Internet as the desktop background of her office computer without authorization. Did her behavior violate copyright laws?

A: No! Infringement refers to knowingly owning infringing copies of copyrighted works. However, because Amy's behavior has nothing to do with the company's business, and the infringing copy, that is, the downloaded picture, is only appreciated by the relevant employees, it does not constitute infringement.

Legal effect of guild regulations

In addition to copyright law, the printing industry also has trade rules concerning the copyright of works. According to the latest Chinese translation of the trade rules revised by the Hong Kong Printing Industry Association in April 1986, the sovereignty provisions on "works" are as follows:

10. Sovereignty of painting, printed edition, sculpture and electronic edition.

(a) All drawings, sketches, oil paintings, photographs, designs or typesetting provided by the printer, or samples, models or similar designs made or obtained by the printer, as well as negatives, positive films, printing plates, carvings, templates, molds, metal printing plates or roller plates made according to the original designs of the printer or designs provided by customers, are the property of the printer. Furthermore, if it is not expressly stipulated that printers make plates, offset plates or other products themselves to reduce the printing workload or seek convenience, these items will still be owned by printers, but customers can still buy them from printers at ready-made prices.

(b) The sketches and samples submitted by the printer are the property of the printer and shall not be used for other purposes or ideas without prior consent. Anyone who misuses such sketches and samples without permission has the right to demand compensation from customers and can sue for infringement of creative sovereignty.

The principle of copyright stipulated in the Regulations is exactly the same as the spirit of the Regulations, that is, the copyright of works belongs to the original author, such as drawings, sketches and designs provided by printers. Since the provider is the printer, the copyright naturally belongs to him. However, as the Code is only a provision formulated by the printing industry, it is not a legal provision, so it has no legal effect in Hong Kong.

In fact, Article 17 of the Arbitration Code clearly stipulates that:

If both parties agree, the rights and responsibilities in the contract can be handled by one or two arbitrators at any time after signing the contract. If there is one person, they will be appointed together in Hong Kong. If there are two people, each party designates one person. Regardless of whether there are one or two arbitrators, all matters shall be handled in accordance with the arbitration regulations currently in force in Hong Kong or its legal amendments or re-enacted laws.

It can be seen that the provisions are always based on the law, not an independent and effective legal provision. Once a dispute occurs, both parties to the dispute must resort to the existing effective arbitration regulations or laws, and the rules and regulations alone cannot be reasonably resolved, so the provisions of the rules and regulations are not legally binding. Moreover, due to various variables, the regulations can not cover all situations at all, and printing enterprises often dare not strictly implement the terms for fear of losing customers, thus making the regulations ineffective.

How much do you know about copyright laws and regulations in China?

The Copyright Law of People's Republic of China (PRC) was promulgated under the copyright registration system of China on September 7th, 1990, and was implemented on June 7th, 1999, 1999, covering the following types of works:

(1) literary works;

(2) Oral works;

(3) Music, drama, folk art and dance works;

(4) Artistic and photographic works;

(5) Movies, television and video works;

(six) engineering design and product design drawings and their descriptions;

(seven) maps, schematic diagrams and other graphic works;

(8) Computer software;

(9) Other works protected by laws and administrative regulations.

Works of China citizens, legal persons or unincorporated entities, whether published or not, enjoy copyright. Foreign works first published in China shall enjoy copyright in accordance with this Law. Works published by foreigners outside China enjoy copyright and are protected by this law according to the agreement signed between the country to which they belong and China or the international treaties to which * * * is a party. The term of protection of copyright is 50 years after the existence and death of a natural person author and 50 years after the first publication of a work by a legal person or entity without legal personality.

In order to protect the legitimate rights and interests of authors or other copyright owners and users of works, and help solve copyright disputes caused by copyright ownership, the National Copyright Administration formulated the Trial Measures for Voluntary Registration of Works (except for computer software registration) in 1994 1 February, and it was published in 1995 1 month/kloc- According to the Measures, the copyright registration of domestic authors' works is the responsibility of the copyright bureaus of all provinces, autonomous regions and municipalities directly under the Central Government; The registration of works by authors or other copyright owners from foreign countries, Taiwan Province Province, Hongkong and Macao shall be accepted by the National Copyright Administration. The copyright registration certificate of a work is the preliminary proof of the copyright ownership of the work.

The documents required to apply for copyright registration include:

(1) application form;

(2) the identity certificate of the applicant; This document needs notarization.

(3) Description of the work;

(4) Protection of rights; This document needs notarization.

(5) A sample or copy of the work;

(6) Proof of ownership of rights (copy of copyright page or copyright ownership agreement, etc.). )

(7) Power of attorney.

According to the Measures, the copyright registration authority will complete the examination and issue a certificate within one month after receiving the application.

Copyright protection and litigation

According to the copyright law, anyone who uses his work without the permission of the copyright owner constitutes copyright infringement. The victim may bring a lawsuit to the court about the defendant's location or the place and result of copyright infringement. The limitation of action for copyright infringement cases is two years, counting from the date when the victim knows or should know that the infringement occurred. Berne Convention and universal copyright convention entered into force in China on 19921October 30th. Therefore, the copyright of foreign works is also protected in China.

There are three legal procedures to prevent copyright infringement:

1. Administrative handler

Article 46 of the Copyright Law stipulates that in addition to civil liability, administrative organs will also impose administrative penalties on the following copyright infringements:

(1) Plagiarism, copying other people's works;

(2) reproducing and distributing his works for profit without the permission of the copyright owner;

(3) publishing books with exclusive publishing rights enjoyed by others;

(four) without the permission of the performer, recording and publishing his performance;

(5) Reproduction and distribution of radio and television programs produced by producers of audio and video recordings without their permission;

(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;

(seven) the production and sale of counterfeit signature works of art..

According to the Detailed Rules for the Implementation of the Copyright Law, administrative penalties include giving a warning, stopping business, confiscating illegally produced prohibited publications and reproduction equipment, confiscating illegal income and fines. The victim of copyright infringement may complain to the copyright administrative department in accordance with the above provisions and request an administrative investigation of the infringement.

2. Civil proceedings

Articles 45 and 46 of the Copyright Law stipulate the following civil liabilities for copyright infringement:

(1) Stop the infringement;

(2) eliminating the influence;

(3) publicly apologize;

(4) Compensation for losses.

The victim of copyright infringement can bring a civil lawsuit to the court and demand the infringer to bear corresponding civil liability.

3. Criminal proceedings

Article 2 17 of the Criminal Law stipulates that anyone who commits one of the following acts of copyright infringement for profit will be punished.

(1) If the amount of illegal income is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined;

(2) If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

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