A short video exploring the complex relationship between copying and creativity through the eyes of a young art student.
When creating new work, it is natural to be inspired by the work of others. However, there is an important distinction between simply being inspired and unlawfully copying. Where is the line between inspiration and copying? Creators Discuss. Visual Artist. Public Domain. Public Domain: Duration. Copyright Bites. Copyright in SMEs. Lawful Reuse. If an infringing copy was found in a copyshop, who would be charged under the copyshop offence, the owner of the shop or the employee s?
If a stationery shop provides photocopying service to customers, but the photocopying service constitutes only a small part of its main business, would it be liable under the copyshop offence? If a non-profit-making organization provides copying service to the public and the service is provided at a fee in order to cover the operational costs of the organisation, would the organisation be liable under the copyshop offence?
If a customer brings some infringing materials to a copyshop for binding service only, would the copyshop be liable under the copyshop offence? A copyshop has accepted a source copy from a customer for making further copies.
Before the making of copies by the copyshop, the copyshop was raided by Customs and it was found that the source copy was an infringing copy. Would the shop be held liable under the copyshop offence? Before the commencement of the copyshop offence, would a copyshop making a copy of a copyright work without obtaining permission from the relevant copyright owner incur criminal liability?
Under the Copyright Ordinance, it is an offence for any person to make for sale or hire an infringing copy of a copyright work without the permission of the copyright owner.
A work is only infringed if:. In determining whether a substantial part is copied, both the "quantity" and "quality" of the materials being copied have to be considered. There could be an infringement even if a relatively small proportion of the copyright work has been copied, if the proportion is the essence of the work. For instance, copying for research or private study purposes whether by the one who conducts the research or private study or by copyshops which act on behalf of their clients may be regarded as a permitted act under the Ordinance provided that the copying is a fair dealing of the work.
If the copying is a permitted act, it will not constitute an infringement even without the permission of the copyright owners. For details, please refer to question number 4. It is an offence for a copyshop, without the licence of the copyright owner, to make a photocopy of an entire reference book or a textbook for a student. There is no percentage set out on the extent of permissible copying under the Copyright Ordinance. A work is only infringed if a substantial part is taken. In determining whether a substantial part is taken, both the "quantity" and "quality" of the materials being copied have to be considered.
A teacher or student who, for the purpose of research or private study, makes a copy of a copyright work without authorization will not contravene the law provided that the copying is a fair dealing of the work.
Whether the copying can constitute a fair dealing would depend on the purpose and nature of the copying, the nature of the work concerned, and the amount and substantiality of the portion copied as compared with the whole work. This is a permitted act under the Copyright Ordinance. A copyshop may do the copying for a teacher or student that is within the scope of such permitted act.
However, it is generally not permissible to make more than one copy of the same work or to copy the entire work. Moreover, if a copyshop knows or has reason to believe that the copying would result in copies being provided to more than one person at more or less the same time and for more or less the same purpose, it should not make the copying.
Acts which falls outside the scope of the permitted act on research and private study can attract civil or even criminal liabilities. Government schools and subsidized schools in Hong Kong have generally entered into licence agreements with licensing bodies such as the Hong Kong Reprographic Rights Licensing Society HKRRLS for making multiple copies of printed works for instruction purposes.
However, those licence agreements usually only permit the photocopying to be carried out by the teachers or staff of the schools within the specified premises and with the specified machines. When I was a teaching assistant at Stanford University, some students were suspended for copying answers during a test.
Plagiarism doesn't have to include copyright infringement. For example, William Shakespeare's plays are not copyrighted because they're too old. Even though it would technically be legal to copy from one of those plays for an English assignment, it would still be plagiarism if you didn't give credit to Shakespeare.
Your teacher may not be able to take you to court over it, but she can certainly give you an F. You might even get suspended or expelled from school. Even though copying one sentence from a Web site is legal according to United States copyright laws, that may still count as plagiarism in your teacher's book. Copyright infringement is using someone else's work without getting that person's permission.
The author of any original work, including books, essays, Web pages, songs, pictures, and videos, automatically gets the copyright to that work, even if she doesn't label it with the copyright symbol and her name. The work must be fixed in tangible form , which means it must be stored on something physical, such as paper, canvas, a CD, or a hard disk.
This makes college students copyright owners, since they've already written many original works for school. The owner of a copyright gets to decide who can legally make copies of that work. It is illegal to copy large sections of someone else's copyrighted work without permission, even if you give the original author credit. Imagine someone making copies of the movie Finding Nemo without asking for permission.
He sure won't get away with it just by giving the authors credit on the DVD cover! Fortunately, a fair use exemption allows you to legally copy small amounts of someone else's work. Just make sure to give the author credit so you won't be guilty of plagiarism! The courts assign consequences for copyright infringement.
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