Copyright infringement
is often unintentional, therefore, it is important
to have a correct understanding of copyright
in order to avoid infringement. This document
can provide you with the basic concepts of copyright
and ITSC's policies against copyright infringement.
- Introduction
- What is copyright?
- What is the current law on digital copyright?
- What kind of activities violates the law?
- How do offenders get caught?
- ITSC Policies and Procedures for Handling
Violations
- How to report a copyright infringement?
- Related polices and links
1. Introduction
The use, publishing, copying or distribution
of computer software and audio-visual (AV) products
(e.g. in MIDI, WAV or MP3 format) via the Internet
is restricted by copyright law. Anyone infringes
copyright is liable to both criminal prosecution
and civil action.
Please note that any infringement of copyright
on the campus network is not allowed as stipulated
in the ITSC
Acceptable Use Policies and Guidelines on Access
and Usage.
We are taking proactive measures such as monitoring
network activities and browsing usage log to
track down any infringement of copyright.
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2. What is copyright?
Here is the definition of copyright in accordance
with the Intellectual
Property Department of HKSAR:
“Copyright is the right given to the owner
of an original work. … Copyright is an automatic
right. It arises when a work is created. Unlike
other intellectual property rights such as
patents, trademarks and industrial designs,
it is not necessary to register a copyright
in Hong Kong, China in order to get protection
under the law.”
In other words, no matter what form it is in,
once a piece of work is created, it is legally
protected by its own copyright.
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3. What is the current law on digital
copyright?
The HKSAR's Copyright Ordinance has come into
effect since 27 June 1997 and its latest amendment
was made on 28 November 2003 to extend its protection
on digital copyright (http://www.ipd.gov.hk/eng/pub_press/publications/faq_e.pdf).
The ordinance states clearly that works in any
form, of authors from any place in the world,
are well protected by the law in Hong Kong. This
includes the extensive protection of computer
software, sound recordings, films, broadcasts,
cable programmes and other available Internet
resources.
Copyright exceptions are granted for educational
purposes. As stated, specific works may be used
for research, private study and use in libraries
and schools. However, users should still be aware
of possible infringement and make enquiry before
actions when in doubts.
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4. What kind of activities violates
the law?
Here are examples of possible copyright infringement:
- Illegal download and sharing of sound recordings,
videos and software without permission of
the copyright owner
- Unauthorized adaptations of corporate graphics,
photos or web contents
- Provision of full-text articles for open
access, without permission of the copyright
owner
- Making and spreading electronic copies
of others' work, without permission of the
copyright owner
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5. How do offenders get caught?
Some copyright holders or their agents can effectively
locate copyright infringements by using automated
systems. These systems will search the network
for common files or software sharing programs
that are active on a port. Upon discovery of
illegal sharing, the system will report the corresponding
IP address to the authority.
ITSC holds the campus network information of
IP address of each computer. Hence, from an IP
address, the corresponding user infringing copyright
can be identified. The identified user will be
subjected to account suspension and detention
from the University (http://www.cuhk.edu.hk/itsc/publications/userdoc/rgen002.html#enforcement).
The offenders may also be liable to both criminal
prosecution and civil action.
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6. ITSC Policies and
Procedures for Handling Violations
Copyright Infringement is strictly prohibited
on the campus network as stipulated in the ITSC
Acceptable Use Policies and Guidelines on Access
and Usage and is subject to the following
penalties:
"9.2.3 More serious infractions,
such as unauthorized use, attempts to steal
password or data, attempts to steal licensed
software, infringement of copyright and attempts to damage computer facilities
(inside or outside the University) will result
in temporary, THREE months, or permanent loss
of ITSCnet access privileges. The case will
also be escalated to the University authorities
for further action. If the offender is a student
of the University, the case will be referred
to the Dean of the student's college or the
Graduate School for appropriate action. If
the offender is a staff member of the University,
the case will be referred to the appropriate
University authority for further action."
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7. How to report a copyright infringement
activity in the University?
You can report the offence through ITSC Electronic
HelpDesk at https://helpdesk.itsc.cuhk.edu.hk/group/abuse
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8. Related policies and links
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Campus-wide E-mail (CWEM)
