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Further
to our letters of 13 December 2002 and 7 January 2003, four briefing
sessions have been organized for secondary school teachers to introduce
to them our latest pilot project named "English in the Air".
At the sessions, several teachers asked whether the two
TV programmes involved in the project could be recorded for their
use in the classroom. I am sure you are already quite familiar with
the provisions in sections 44 and 45 of the Copyright Ordinance
(Cap.528) regarding educational use of broadcast programmes. Nevertheless,
to address any possible concern of your English panel chairperson(s)
and teachers, we are sending you a copy of the two sections of the
Ordinance and should be grateful if you could bring them to their
attention. We are also seeking further advice from the Intellectual
Property Department. If we are provided with other relevant information,
we will forward it to you for reference.
On a separate note, we would appreciate it if you could forward
our letter of 15 January 2003, which was addressed to parents regarding
the same pilot project, to the relevant members of the Parents Teachers
Association (PTA) of your school.
We
should be very grateful if you could encourage your teachers to
promote the project among students. Thank you for support. If you
have any questions or need any further information, please contact
Miss Louisa Yam of SCOLAR Support Unit at 3150 8017.
Yours
sincerely
Subrina
Chow
Secretary, SCOLAR
| Section
of Enactment |
|
|
| Chapter:
528 |
Title:
COPYRIGHT ORDINANCE |
Gazette
Number: |
| Section:
44 |
|
| Heading: |
Recording by educational establishments of broadcasts
and cable programmes |
| |
|
| Version
Date: 30/06/1997 |
|
| |
| (1)
A recording of a broadcast or cable programme, or a copy of
such a recording may be made by or on behalf of an educational
establishment for the educational purposes of that establishment
without thereby infringing the copyright in the broadcast or
cable programme, or in any work included in it, if- |
| |
(a)
an acknowledgement of authorship or other creative effort
contained in the work recorded is incorporated in the
recording made by the establishment; and |
| |
(b)
it is not made for gain. |
|
| |
| (2)
Recording or copying is not authorized by this section if, or
to the extent that, licences under licensing schemes are available
authorizing the recording or copying in question and the person
making the recording or copies knew or ought to have been aware
of that fact. |
| |
| (3)
Where a recording or copy which would otherwise be an infringing
copy is made in accordance with this section but is subsequently
dealt with, the copy is treated as an infringing copy for the
purposes of that dealing and if that dealing infringes copyright,
for all subsequent purposes. |
| |
| For
this purpose "dealt with" (進行交易) means sold or let for hire
or offered or exposed for sale or hire. |
| |
[cf.
1988 c. 48 s. 35 U.K.] |
| |
| Note:
The above information can be obtained from the website of the
Department of Justice at "http://www.justice.gov.hk/home.htm"
(Please type 528 in the box 'go to Chapter row', then click
the button 'View Now', then click 'Chapter 528' and expand 'Cap
528 s44 / s45'.) |
| |
| |
|
| |
| Section
of Enactment |
|
|
| Chapter:
528 |
Title:
COPYRIGHT ORDINANCE |
Gazette
Number: |
| Section:
45 |
|
| Heading: |
Reprographic copying made by educational establishments
of passages from published works |
| |
|
| Version
Date: 30/06/1997 |
|
| |
| (1)
Reprographic copies of artistic works or of passages from published
literary, dramatic or musical works may, to a reasonable extent,
be made by or on behalf of an educational establishment for
the purposes of instruction without infringing any copyright
in the work, or in the typographical arrangement |
| |
| (2)
Copying is not authorized by this section if, or to the extent
that, licences under licensing schemes are available authorizing
the copying in question and the person making the copies knew
or ought to have been aware of that fact. |
| |
| (3)
Where a copy which would otherwise be an infringing copy is
made in accordance with this section but is subsequently dealt
with, it is treated as an infringing copy for the purposes of
that dealing, and if that dealing infringes copyright, for all
subsequent purposes. For this purpose "dealt with" (進行交易) means
sold or let for hire or offered or exposed for sale or hire.
|
| |
[cf.
1988 c. 48 s. 36 U.K.] |
| |
| Note:
The above information can be obtained from the website of the
Department of Justice at "http://www.justice.gov.hk/home.htm"
(Please type 528 in the box 'go to Chapter row', then click
the button 'View Now', then click 'Chapter 528' and expand 'Cap
528 s44 / s45'.) |
| |
|
|
