6. I am a teacher and have found a good article in a magazine. Can I make photocopies of the article and distribute them to my students for class discussion?

The answer depends on whether your act is permitted under section 45 of the Copyright Ordinance . However, since section 45 does not always give a clear answer, it is simpler and safer to follow the " Guidelines for Photocopying of Printed Works by Not-for-profit Educational Establishments " issued by the Intellectual Property Department when making photocopies for classroom use.

(Note: "For-profit" educational establishment are NOT covered by the aforesaid guidelines. Any person who wishes to make photocopies of an article for such an education establishment should either seek permission from the copyright owner or seek proper legal advice.)

While the Guidelines allow you to make photocopies of a complete article in newspapers or periodicals (clause E(6)(a)(i) of the Guidelines), you should observe the following:

• Multiple copies of a work may be made by or on behalf of a teacher giving a course (clause E (1)).
• Copies made are for the purpose of distribution to students for teaching, discussion or classroom use. Students may retain the copies for subsequent reference (clause E (2)).
• The number of copies made should not exceed one copy per student in a course (clause E (4)).
• There should not be more than 27 instances of copying made for one course in one academic year (clause E (5)).

In addition, you should note that the making of photocopies must comply with the conditions of spontaneity (clause D (4)), brevity (clause E (6)), and cumulative effect (clause E (7)).

These conditions are rather stringent. In particular, "spontaneity" is defined to mean that "the time of the decision to use the work and the proposed time of its use in the classroom should be so close that it would be unreasonable to require the teacher to obtain permission for the copying. If the time between the decision and the proposed use is 3 working days or less then for the purpose of this clause, it will be deemed unreasonable to require the teacher to obtain permission for the copying." Thus if you decide to make photocopies of a work for your teaching well before they are to be used in the classroom, you cannot rely on the Guidelines for protection.