If you see material that you want to use, you should be aware of the possibility that it is protected by copyright. Hence, before you use it, you should find out who the owner is to get permission to use their work. Without permission, the owner may bring an infringement action against you.
If the work that you want to use has been published, there will usually be a copyright notice that outlines the copyright ownership. For an example of how a copyright notice generally looks like, you may read “What is a copyright notice?”. However, if there is no copyright notice and instead, there are authorship details, then you can contact the author to find out who the copyright owner is.
If you are still unsure who the work’s copyright owner is, you can contact the collecting societies in Hong Kong that represent copyright owners to check whether their work is copyrighted and whether the collecting society represents that particular copyright owner.
Here is a list of the four major collecting societies in Hong Kong that represent authors, lyricists, composers, record producers and publishers:
- Composers and Authors Society of Hong Kong Limited (CASH): It represents composers and lyricists of musical works.
- Hong Kong Copyright Licensing Association (HKCLA): It represents publishers and authors of 18 local magazines and 17 local newspapers.
- Hong Kong Reprographic Rights Licensing Society (HKRRLS): It represents publishers and authors of printed works (i.e. journals, books, newspapers, magazines and periodicals).
- Phonographic Performance (South East Asia) Limited (PPSEAL): It represents producers of musical sound or visual recordings.
The major functions of these societies are:
- To negotiate licensing terms;
- To grant licences; and
- To collect licence fees on behalf of the copyright owners for others’ use of their copyright works.
After I have found the copyright owner, how do I receive permission from them to use the work?
Generally, the process of receiving permission involves a simple procedure that contains three steps:
- Identify the rights that you need;
- Contact the copyright owner and discuss whether payment to receive permission is required; and
- Enter into a permission agreement ( (this may take the form of licensing or an assignment of rights) with the copyright owner in writing.
Fair dealing of copyrighted works
There are certain instances when the use of copyrighted material is acceptable i.e. if it falls within the scope of ‘fair dealing’, which permits another party to reproduce limited portions of copyrighted works without obtaining permission from and infringing the interest of the creators or copyright owners in particular circumstances. Examples of fair dealing include private study and research, news reporting and incidental inclusion of copyright material.To understand the concept of fair dealing, read “What acts are permitted by copyright?”.
To understand the concept of fair dealing, read ‘What acts are permitted by copyright?’.
Do I need to request permission to use works in the public domain?
When a work is in the “public domain”, it means that it is not protected by any intellectual property law, e.g. copyright law, trademark law and patent law. The public rather than an individual author owns the work. Hence, anyone can use a work in the public domain without the need to obtain permission, but no one can own the work.
If a work is in the “public domain”, it can be used freely (without obtaining any copyright permission). Works may arrive in the public domain because:
- The works are out of copyright (i.e. the period of copyright has expired);
- The works fail to meet the copyright protection requirements (e.g. titles, names and short phrases); or
- The copyright owners deliberately place the works in the public domain (i.e. dedication).
However, even if a work is made freely available to the public (e.g. it is published on a website), it does not imply that the work is in the “public domain”. It only entails that the public can freely access the work, but they cannot copy the work or conduct any act that infringes the work’s copyright.
Key takeaways
- If you see material that you want to use, it may be protected by copyright. Hence, before you use the material, you should find out who the owner is and check whether you need permission to use their work.
- After you have found the copyright owner of the work, you should follow three steps to obtain authorization from them to use the work. The authorization may take the form of licensing or an assignment of rights.
If a work is in the “public domain”, it can be used freely.