Is it an offence to make copies of copyright works in schools for the purposes of instruction?
The Copyright Ordinance has already contained provisions which allow schools to make copies of copyright works, to a reasonable extent, for the purposes of instruction without having to seek consent of copyright owners. However, such acts must not conflict with the normal exploitation of the work by the copyright owner or unreasonably prejudice the legitimate interests of the copyright owner. However, if a licence for photocopying of the copyright works through an established licensing scheme is available, schools must first obtain the licence before making copies of the works concerned. Regarding photocopying of books, the Education Department, the Hong Kong Subsidized Secondary Schools Council and the Hong Kong Subsidized Primary Schools Council has each concluded a licensing agreement with the Hong Kong Reprographic Rights Licensing Society in April last year. This will facilitate both government and subsidized schools photocopying books according to the terms of the agreement.