Copyright law, which has been around for a long time, makes it a civil offence to copy - among other things - editorial from newspapers or magazines without permission. Copyright automatically vests with the author of the written work. In the case of media employees, it is usually with the publisher.
Copyright does not need to be registered to have protection.
Hong Kong's recent Copyright Ordinance came into effect in June 1997.
But, by 1999, the Government needed stronger laws to combat copyright infringement, particularly for pirated computer software, CDs and DVDs.
In April 2001, legislation was enacted to amend copyright law in Hong Kong, making breaches a criminal offence. Unfortunately, the new law inadvertently turned librarians and teachers into criminals. The offending elements were quickly suspended in June 2001, but further revisions are expected later this summer.
Unfortunately, the Government's bungling led to much confusion. But let there be no misunderstanding: copying without permission is illegal and can give rise to civil and criminal penalties.
It should be noted that photocopying and scanning are often treated separately by publishers. Permission for one does not automatically mean permission for the other.
Sadly, the infrastructure to administer copyright licensing in Hong Kong is woefully inadequate. Those who respect the law and wish to abide by it have little choice but to approach each publisher one by one - with one notable exception - to seek approval.
The exception is the Hong Kong Copyright Licensing Authority (CLA). The CLA, established in November 2001, acts on behalf of 12 leading newspapers as a "front-end" to manage copyright licensing. Currently, the CLA is authorised to grant licences only for photocopying. The 12 publishers have not yet agreed how to handle digital copies - some will not agree to digital copies at all - so each publisher must be approached directly.
To foster a greater understanding about the local PR industry, the Council of PR Firms of Hong Kong (cPRf) is in discussion with the CLA and its 12 publishers to ensure that all parties understand how and why editorial is copied in a PR context.
cPRf also believes that copyright licensing should be centralised in one body which represents the publishers of all newspapers and magazines in Hong Kong. With the CLA already operational, perhaps the easiest route will be for their charter to be broadened. But much work lies ahead to make this a reality.
In the meantime, ignorance of the law is no longer bliss. Steps should be taken to ensure that all copying is done legally.
