FAQs---Frequently asked questions

Q:What is a copyright?
A:Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunication, to translate a work, and in some cases, to rent the work.

Q:To what does copyright apply?
A:Copyright applies to all original literary, dramatic, musical and artistic works. These include books, other writings, music, sculptures, paintings, photographs, films, plays, television and radio programs, and computer programs. Copyright also applies to other subject matter which includes sound recordings (such as records, cassettes, and tapes), performers performances and communication signals.

Q:What is not protected by copyright?
A:Themes, ideas, most titles, names, catch-phrases and other short-word combinations of no real substance.

Q:Who owns the copyright?
A:Generally, the owner of the copyright is:
a.      the creator of the work;
b.      the employer, if the work was created in the course of employment unless there is an agreement to the contrary;
c.      the person who commissions a photograph, portrait, engraving or print for valuable consideration (which has been paid) unless there is an agreement to the contrary; or
d.      some other party, if the original owner has transferred the rights.

Q:How do I obtain copyright?
A:You acquire copyright automatically when you create an original work or other subject matter.

Q:Do I have to do anything to be protected?
A:No. Since you obtain copyright automatically, you are automatically protected by law. However, it is still a good idea to register your copyright and to indicate notice of copyright on your works.

Q:What are the benefits of copyright registration?
A:Registration gives you a certificate that states you are the copyright owner. You can use this certificate in court to establish ownership. (The onus is on your opponent to prove that you do not own the copyright.)

Q:How do I register a copyright?
A:You file an application with the Copyright Office along with a prescribed fee. An application form and instructions for filling it out are available from the Copyright Office or by visiting the Copyright home page. Electronic commerce is also possible via our Web site. The registration process normally takes three weeks. The fee covers review of your application, registration and your official certificate.

Q:Once I have registered, do I have to pay further fees to maintain my copyright?
A:No. The registration fee is a one-time expense.

Q:How long does copyright last?
A:Generally, copyright in Canada exists for the life of the author plus 50 years following death. There are some exceptions.
Copyright protection always expires December 31 of the last calendar year of protection.

Q:Does the Copyright Office check to ensure that my claim of copyright is legitimate?
A:No, the Office does not verify ownership. Only the courts can do that.

Q:Do I need to mark my work with a notice of copyright?
A:This isnt necessary to be protected in Canada, however, you must mark your work with the symbol ? the name of the copyright owner and the year of first publication to be protected in some other countries. Even though it is not always required, marking is useful since it serves as a general reminder to everyone that the work is protected by copyright.

Q:Should I send copies of my work with my application?
A:No, the Copyright Office does not accept copies of a work.

Q:What is the difference between an assignment and a licence?
A:An assignment is a transfer of ownership of the copyright from one party to another. A licence is a contract which, for specific purposes, allows someone to use a work temporarily.

Q:What is copyright infringement?
A:Unlawful use of copyright material. Plagiarism ?passing off someone elses work as your own ?is a form of infringement.

Q:What is "fair dealing"?
A:Use or reproduction of a work for private study, research, criticism, review or news reporting.

Q:Will the Copyright Office prevent others from infringing my rights?
A:No. The responsibility for policing your copyright rests with you.

Q:Can libraries or educational institutions make multiple copies of parts of books or articles for student use?
A:No. The making of multiple copies requires the consent of the copyright owner. This consent may be obtained through a licensing agreement with a photocopying collective. However, the Copyright Act does allow the copying by individuals of parts of works for private study or research. Such copying should be minimal. This exception falls within the "fair dealing" section of the Act.

Q： What are International Standard Book Number (ISBN) and International Standard- Serial Number (ISSN) respectively?
A：ISBN and ISSN is the only identity code established for information control, exchange, retrieval of various media publications (newspapers, periodicals, journals and books). ISBN refers to International Standard Book Number of publications without a fixed schedule, and ISSN refers to International Standard Serial Number of periodical publications.

Q：What is the difference between ISBN and ISSN?
A：ISBN applies to books, brochures, microfilm reproductions, educative TV or films, mixed media publications, computer software, maps, and e-publications. ISSN applies to newspapers and magazines.

Q：What information needs to be submitted in order to apply for ISBN?
A：Information to be submitted is as follows:
Copy of business registration certificate of registered Hong Kong publisher and copy of ID card or passport of the applicant;
Valid Hong Kong address;
5-7 books published shall be filed and registered with relevant governmental department, It will take about 7 workdays to apply for ISBN.

Q：What information needs to be submitted in order to apply for ISSN?
A：Information to be submitted as follows:
Copies of business registration certificate and certificate of incorporation of the company;
Cover, back cover and index page of the publication to be printed;
3-4 books published shall be filed with relevant governmental department ,It will take about 14 workdays to apply for ISSN.

Q：In which manner shall the monthly be published in order to be given free by the publisher, with most of the content being advertising?
A：If the monthly is distributed free by the publisher, it's only necessary to apply for ISSN. The requirement of application for ISSN shall be a Hong Kong company incorporated, and the application shall be made in the name of the Hong Kong Company.

Q：Is it enough to apply for ISSN for publishing fashion magazines to be given free by the publisher?
A：The fashion magazine can be operated but not sold in China after successful application of ISSN . It can only be given free by the publisher . To apply ISSN, it's necessary to provide the certificate of incorporation, business registration certificate, title of publication, cover, back cover and index, copyright page.

Trademark Registration
Q：What is the duration of registered trademark?
A：According to trademark law, the duration shall be ten years from the date of approval.

Q：What are the differences between the packaging and presentation of trademark and commodity?
A：Packaging and presentation of trademark and commodity are partly the same; for example, trademark is part of the packaging and presentation of commodity, which two are both used in the packaging of commodity, and partly different; for example, trademark is to differentiate one producer or operator of commodity from another, while presentation is to beautify commodity; registered trademark cannot be altered, but presentation is free to change design style.

Q：What are the characteristics of trademark?
A：Trademark has following characteristics:
Trademark is a mark differentiating its commodity or service from others;
Trademark is formed by words, graphics, letters, figures, 3D symbols or colors, and can also be marked as combining a fore mentioned elements;
Trade mark is exclusive. Trademark holder has exclusive right to its trademark, protected by law;
Trademark is an intangible asset, the value of which can be determined by assessment.
After trademark holder's consent, the using rights of trademark can be transferred to others. The trademark holder may entitle profits by transferring the using rights of trademark.

Q：What information needs to be submitted in order to register Hong Kong trademark?
A：Information to be submitted as follows:
Copy of applicant's ID card or passport, or (applicant being corporation) copy of applicant's business registration certificate and certificate of incorporation;
Applicant's address;

Q：What's EU trademark?
A：EU trademark is valid in EU members, totaling 25 countries, including: U.K., Germany, France, Italy, Belgium, Luxemburg, Denmark, Sweden, Spain, Portugal, Finland, Greek, Austria, Netherlands, Ireland, Cyprus, Czech, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. EU trademark is a single property, which can only be transferred as property of the whole EU instead of a sole member. Once EU trademark is registered, it's not necessary to apply to each EU member one by one.

Q：What marks can not be registered as trademark?
A：Following marks shall not be used as trademarks :
Mark identical or similar to name, national flag, national emblem, army flag, and medal of a country, as well as mark identical to name of particular place where state organs locate or name and graph of landmark buildings;
Mark identical or similar to name, flag and emblem of an international organization;
Mark identical or similar to official mark and hallmark indicating implementation of control and security, other than authorized;
Mark of ethnic discrimination;
Mark of high sounding publicity and fraud;
Mark coherent to generic name, graph and type of commodity (such as computer, pen, portfolio);
Mark directly indicating quality, major raw materials, function, purpose, weight quantity and other characteristics of commodity.

Q：Does trademark transfer need agreement?
A：Yes. It only needs presentation of a copy of application executed by both.

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