3.1 · Copyright Basics
Goal: define copyright and distinguish it from related rights.
What copyright protects
Copyright is the legal right of the creator of an original work to control its reproduction, distribution, adaptation, performance and display.
Works covered:
- Literary works (books, articles, source code)
- Musical works
- Films, TV shows, recorded audio
- Artistic works (paintings, photos, graphics)
- Architectural designs
- Computer software
Things not protected by copyright:
- Ideas (only the expression of an idea)
- Facts (date of WWII)
- Government laws and judicial decisions
How copyright is granted
In most countries (including HK), copyright is automatic as soon as a work is created in tangible form — no registration needed. The © symbol and date are optional but customary.
Duration
- In Hong Kong, copyright generally lasts the life of the author + 50 years for literary, dramatic, musical, artistic works.
- After expiry, works enter the public domain and can be freely used.
Related rights
| Right | Protects |
|---|---|
| Trademark | Logos, brand names |
| Patent | Inventions (must be novel and useful) |
| Trade secret | Confidential business info (e.g. recipes) |
| Design rights | Industrial designs (shape, appearance) |
| Moral rights | The author's right to be identified and not have work distorted |
Fair use / Fair dealing
Most jurisdictions allow limited use of copyrighted works without permission for:
- Education
- News reporting
- Criticism / review
- Parody / satire
- Research
Hong Kong uses the term fair dealing under the Copyright Ordinance (Cap. 528).
Examples
| Action | Likely status |
|---|---|
| Quoting two sentences from a textbook with citation | Fair dealing |
| Recording a movie in a cinema and uploading | Infringement |
| Sampling a song without licence | Infringement (often) |
| Sharing a meme image of a celebrity | Often tolerated; legally complex |
| Using an open-source library with attribution | Permitted if licence terms met |
Hong Kong legal context
- Copyright Ordinance (Cap. 528) governs copyright in HK.
- Criminal liability for commercial-scale infringement (sale of pirated DVDs).
- End-user piracy can lead to fines or imprisonment for serious cases.
Exam-style question
Q (4 marks): Explain what copyright protects and list three examples of works covered.
Sample answer:
Copyright protects the original expression of literary, musical, artistic and digital works from being reproduced, distributed, adapted or performed without permission. It does not protect ideas, only the way ideas are expressed. Three examples include: a published novel, a recorded song, and computer source code.
Key takeaways
- Copyright protects expression, not ideas.
- Automatic on creation; no registration needed.
- Term: usually author's life + 50 years (in HK).
➡️ Next: 3.2 Licensing Schemes