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1. Copyright must be registered in order to claim the right?

There is no need for registration in order to claim copyright.  Copyright protection subsists from the time the work is created in fixed form.  There is no official Copyright Registry inHong Kongfor registration of copyright works.

 

2. Who owns the copyright?

The author is the first owner of copyright work.  For a work is created in the course of employment with the material and technical resources of the employer, the employer is the first copyright owner unless otherwise agreed.

 

3. What are the rights of copyright owners?               

Copyright holders can prohibit a third party’s unauthorized reproduction, publishing, forwarding, circulation, publication, dissemination or other use of their copyright works.

 

4. What works are protected by copyright?

Copyrightable works include the following categories: literary works, artistic works, musical works, photographic works, product design drawings, computer software, motion pictures, sound recordings, architectural works, etc.

 

5. What is Copyright Registration?

Copyright registration is voluntary, and is not a precondition of copyright protection.  However, when we put in a claim for copyright ownership or resolving a copyright dispute, the registration certificate serves as prima facie evidence of the copyright ownership and establishes a public record of the copyright claim.

 

6. How long does Copyright Protection last?

According to PRC Copyright Law, when a copyright work is created by a citizen, the term of protection is the lifetime of the author and the 31st December of the 50th years after his death.  Depending on the different kinds of copyright works, the term of protection may be slightly different. For example, the copyright in broadcasting work expires after the 31st December of the 50th years from the first broadcasting.

 

7. Does my copyright protect internationally?


By virtue of international copyright conventions, copyright is recognized internationally.  In generally, your copyright will be protected in other countries. However, the level of protection against unauthorized use in a particular country may depend on the national Copyright Law of that country

 

8. How to inform the public that the work is protected by copyright?

Use a proper copyright notice on your copyright work.  It should contain the following elements:

i. a symbol © or the word “Copyright” ;

ii. the year of first publication (or creation), and

iii. the name of the copyright owner

Example: © 2014 HKIPX

 

9. How many pages can you copy from a book without infringing copyright?

There is no specified “allowable percentage” laid down in the Copyright Law.  Copyright infringement may occur if a substantial part of the book is copied.  Therefore, to determine whether an infringement occurs, the issue of substantial part looks both at “quantity” and “quality” of the materials copied.

 

10. Can copyright protect a product design?

When an artistic work, such as a piece of drawing, is applied to a product and industrially produced, the copyright protection may no longer cover that artistic work.  You may apply for a registered design to seek for the protection.


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