Have you ever watched pirated films online? Or used pirated software? 

Are you aware that some online content is protected by copyright, and unauthorised copying or use may constitute a breach of the law? 

Real Life Examples

(This image is only available in Chinese.)

(This image is only available in Chinese.)

(This image is only available in Chinese.)

Article Content

1. What is intellectual property?
2. What resources can children use for reference when writing reports?
3. Is online infringement regulated by law in Hong Kong?
4. Tips and Tricks for avoiding copyright infringement

1. What Is Intellectual Property?

Every creator produces their own work through diligence and dedication. Beyond deserving the rewards of their labour, they should also be accorded appreciation and respect. To prevent others from plagiarising original works or profiting from them, the concept of ‘intellectual property’ emerged. Under the protection of intellectual property laws, original literary works, dramatic works, artistic works, musical compositions, sound recordings, films, broadcasts, cable programmes, and published layouts are all protected by copyright. This provides creators and legitimate owners with economic incentives to foster creative development. 

In Hong Kong, intellectual property is protected by multiple ordinances. For instance, copyright arises automatically when a work is fixed in a manner prescribed by the ‘Copyright Ordinance’ (Cap. 528), without the copyright owner needing to register or complete any formalities.

2. What Resources Can Children Use For Reference When Writing Reports?

When children complete their homework, they inevitably rely not only on physical books and newspaper articles but also on information, images, or videos sourced from online searches. To avoid misusing works protected by intellectual property rights, children may consider consulting and utilising materials marked with a Creative Commons (CC) licence. Works bearing the Creative Commons label indicate that the original creator permits others to copy and use their original work, provided users comply with the specific terms set by the creator. These terms are as follows:

Logo	Name	Short Form	Full Name	Explanation
	Attribution	BY	Attribution	The creator permits others to reproduce, distribute, exhibit, perform, broadcast, or communicate to the public via information networks their copyrighted work and derivative works, provided that attribution to the original creator is maintained throughout these processes.
	NonCommercial	NC	Non-commerical Usage	The creator permits others to reproduce, distribute, exhibit, perform, screen, broadcast, or communicate to the public via information networks their copyrighted work and derivative works, but solely for non-commercial purposes.
	NoDerivs	ND	No Derivatives	The original creator permits others to reproduce, distribute, exhibit, perform, screen, broadcast, or communicate to the public via information networks their copyrighted work in its original form, but derivative works are not permitted.
	ShareAlike	SA	Share Alike	The original creator permits others to distribute their derivative works only if those derivative works are licensed under the same terms as the original work.

Reference: Creative Commons - Wikipedia

Children can use Google Images' filter function to find images they can copy and use:

1. Search for the required image;
2. Click [Tools] below the search box;
3. Select [Creative Commons Licences] under [Usage Rights];
4. The filtered search results can then be used directly for homework or publication.

3. Is Online Infringement Regulated by Law in Hong Kong? 

Performing or playing in public places, copying (whether for commercial or non-commercial purposes), selling, and online distribution may all constitute online infringement. Infringers may face civil and criminal liability, including compensating the original creator for losses and facing court proceedings. Parents should be particularly vigilant regarding the following online infringement pitfalls: online sales (including display for sale), uploading cover versions of songs, and sharing gameplay footage are all illegal activities. Parents must advise and educate their children to prevent them from inadvertently breaking the law.

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Reference: Intellectual Property Department (2020) 

4. Tips For Avoiding Copyright Infringement:

1. Understand the conditions of copyright, types of works, infringing acts and their consequences.
2. Analyse the source, scope and appropriateness of information before using, uploading, downloading or publishing it.
3. Parents should lead by example, avoiding the use of infringing products, etc.

(This image is only available in Chinese.)

(This image is only available in Chinese.)

(This image is only available in Chinese.)