Readings Copyright
Copyright: In the age of the Internet, copyright issues have become increasingly more important for both traditional and online media. What major copyright issues arise for both media companies and individual journalists? How has the increase in online publications complicated the conflict between copyright violations versus fair dealing/fair use? What do journalists need to know about “hyperlinking”? Are there alternatives to traditional copyright (e.g., creative commons)?
Readings:
Primary:
· Copyright (Chapter 10) and excerpts of Copyright Ordinance (Cap 528), pp 264-271, Hong Kong Media Law
· Yu, Peter, “Copyright Protection in the Digital Environment: Creating a Better Digital Future for Hong Kong,” September 2008, and “Copy Rights,” 8 Sept. 2008, South China Morning Post
· Lee, Alice, “Legal Sharing in the Digital Era,” Media Digest, Nov. 2008 (Creative Commons)
Copyright in Hong Kong,” and “Copyright for Journalists,” Intellectual Property Department, Hong Kong SAR
Supplementary:
Copyright Law of the People’s Republic of China,” adopted by the 7th National People’s Congress in 1990 and amended by the 9th NPC in 2001.
Copyright,” Chapter 10, First Amendment Handbook, Reporters Committee for Freedom of the Press (U.S.)
“Fair Use for the Win in Righthaven Case,” Electronic Frontier Foundation, 21 March 2011
“British Online Copyright Laws Draw Debates,” The New York Times, March 4, 2010
“Is Europe’s shield for web hosts erroding away?” Out-law News, Sep 13, 2010
Copyright cases:
Lam v Koo 1993 Court of Appeal (substantial similarity)
Oriental Press Group v. Apple Daily 1998 (use of photograph)
BitTorrent piracy case (2007) Chan Nai Ming v. HKSAR
“Murdoch news wire pursues ‘hot wire’ claim,” (2010), www.out-law.com
“Summary judgment confirms ‘safe harbour’ protection for YouTube”, (2010) www.out-law.com
“Is Europe’s shield for web hosts corroding away?” (2010) www.out-law.com
“EU Parliament calls for Pan-EU copyright law,” (2010) www.out-law.com
Australian federal court rules there is no copyright in headlines, The Guardian, 8 September 2010
“Hot news v new media,” The Economist, 10 Feb 2011 (Can you copyright “hot news”? 2d Circuit in US to decide)