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    債務重組、破產案管理合伙人:孫楚雍律師。本行已辦理過千宗IVA、超過五千宗破產。
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Duplicating Teacher's Speech is No Offence


@eLaw Focus:14 July, 2003.
Author: Thomas Tse. Partner, Yip, Tse & Tang

elaw120x120A school-cert candidate was found having duplicated the sound recording of the teaching content of a tutor. Customs officers arrested him for investigation and no charge had yet laid. Declining cost and increasing convenience of the recording media make content duplication unprecentedly common among youngsters. MP3 and MPEG are the most popular formats for digital sound recording and video.

The arrested school-cert candidate would not have been so arrested if he had not placed the duplicated contents for sale on an auction site. Duplicating copyright works such as sound recording for self-use is not an offence. Distributing it or placing it for sale is definitely liable to criminal prosecution.

Speech not recorded on a media has no copyright. This is because copyright protection requires 'fixation'. Students are free to record but as a matter of coutesy should seek the teacher's permission. Students should however be careful. Although the speech itself has no copyright, the speech might contain contents which are copyrighted such as a lyric or an article. In any event, never put anything on sale or make further duplicates. Students should not place anything materials on the Internet for people to download or listen. This can cause trouble.

About @eLaw Focus:

@eLaw Focus is a news column on current electronic laws issues. It is provided by lawyers of Yip, Tse & Tang, a law firm specialising on eLaw practice. For further enquiry: info@elaw.com.hk

About @eLaw.com.hk

@eLaw.com.hk contains information about technology laws and other Internet or computer related legal information. It is managed by Hong Kong lawyers and the contents mainly relate to Hong Kong laws.

It covers areas about Hong Kong laws such as e-commerce laws, software licensing, domain name disputes, intellectual property rights, defamation, technology, source code escrow deposit, data protection and privacy, telecommunications and Internet liabilities.

Thomas Tse (photo) is the main architect of @eLaw.com.hk assisted by colleagues, Raymond Tang, Pierre Sun. He is the author of the Chinese book on Hong Kong E-Law. Mr. Tse is a partner of Yip, Tse & Tang, which is a law firm very famous on practice of traffic accident claims, workplace injuries, bankruptcy, IVA and eLaws. The firm's Technology and Telecom Practice Department was established in 1998.

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Government immigration department streamlines smart ID card applications

The Immigration Department of the Hong Kong Special Administration Region has chosen to use FileNet's ECM solution to help streamline its application process for a recently launched Smart ID Card.

Under a new immigration identification system, Hong Kong's seven million residents are expected to replace their traditional ID cards with new multi-application smart identity cards by 2007. With the Smart ID Cards, holders will be able to enjoy a variety of government electronic services in a safe and secure manner.

Apart from immigration applications, a smart identity card can also support other value-added non-immigration applications, including e-Cert - digital signature certification - and library cards.

The Smart Card project comprises three major components:

  • conversion of all historical ID applications and related records
    into digital images to provide fast, online retrieval. These are currently
    kept on microfilm and index cards.

  • development of a new, multi-application smart card and supporting
    high-performance computer system to deliver security and resilience

  • territory-wide ID card replacement by 2007

    It is reported that FileNet's Image Services is a core component of this project. In addition to providing the Immigration Department with a high-performance, high-capacity system for managing the capture, storage and retrieval of all historical ID applications and related records, it is also fully compliant with the government's exacting auditing procedures.

    According to FileNet, integrating seamlessly with other enterprise applications and systems at the Hong Kong Immigration Department, FileNet's ECM solution enhances overall efficiency since it enables Immigration Department staff to retrieve historical ID records instantly without having to wait for microfilm or index cards to be found and dispatched from archives. This will help significantly increase the speed at which the new cards are processed. With the ECM solution in place, the Department now has a secure and permanent store of critical immigration information to safeguard from disaster and misuse.

    'The Smart Card project is an ideal showcase for FileNet's powerful ECM capabilities - in this case, managing the vast amount of historical data that must now be made instantly accessible to the Immigration Department' said Hugh Sutherland, vice president of Asia Pacific Operations, FileNet Corporation. 'It is yet another example of how FileNet can help organizations manage content by automating, simplifying and streamlining their business processes.'

    For further information about FileNet, please visit their website at FileNet.com

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