Cap. 528 《版權條例》Copyright Ordinance

Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 177 and the provisions referred to there).

[cf. 1988 c. 48 s. 1 U.K.]

The owner of the copyright in a work of any description has the exclusive right to do the acts specified in Division II as the acts restricted by the copyright in a work of that description.

In relation to certain descriptions of copyright work the following rights conferred by Division IV (moral rights) subsist in favour of the author or director of the work, whether or not he is the owner of the copyright—

In this Part—

Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.

[cf. 1988 c. 48 s. 3 U.K.]

Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.

[cf. 1988 c. 48 s. 5A U.K.]

The sound-track accompanying a film is to be treated as part of the film for the purposes of this Part.

Without prejudice to the generality of subsection (2), where that subsection applies—

Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.

Nothing in this section affects any copyright subsisting in a film sound-track as a sound recording. (Added 16 of 2022 s. 4)

An encrypted transmission is regarded as capable of being lawfully received by members of the public in Hong Kong or elsewhere only if decoding equipment has been made available to members of the public in Hong Kong or elsewhere by or with the authority of the person making the transmission or the person providing the contents of the transmission.

References in this Part to the person making a broadcast, broadcasting a work, or including a work in a broadcast are—

and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.

For the purposes of this Part the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).

References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system. (Amended 36 of 2000 s. 28)

Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.

[cf. 1988 c. 48 s. 6 U.K.]

In this Part—

The following are excepted from the definition of cable programme service—

The Chief Executive in Council may by order amend subsection (2) so as to remove exceptions, subject to such transitional provision as appears to him to be appropriate. (Amended 22 of 1999 s. 3)

References in this Part to the inclusion of a cable programme or work in a cable programme service are to its transmission as part of the service; and references to the person including it are to the person providing the service.

Copyright does not subsist in a cable programme if—

Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.

[cf. 1988 c. 48 s. 8 U.K.]

That person is taken to be—

In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author is taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

For the purposes of this Part a work is of unknown authorship (作者不為人知) if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known. (Amended E.R. 2 of 2019)

For the purposes of this Part the identity of an author is regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.

[cf. 1988 c. 48 s. 9 U.K.]

A film is treated as a work of joint authorship unless the producer and the principal director are the same person.

A broadcast is treated as a work of joint authorship in a case where more than one person is to be taken as making the broadcast (section 8(3)).

References in this Part to the author of a work are, except as otherwise provided, construed in relation to a work of joint authorship as references to all the authors of the work.

[cf. 1988 c. 48 s. 10 U.K.]

Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to—

Subject to any agreement to the contrary, where such work is exploited by his employer or by someone else with the employer’s permission in a way that could not reasonably have been contemplated by the employer and the employee at the time of making the work, the employer shall pay an award to the employee in respect of such exploitation at such amount as agreed between the employer and the employee or failing an agreement, as determined by the Copyright Tribunal.

[cf. 1988 c. 48 s. 11(2) U.K.]

Where a work is made on the commission of a person and there is an agreement between the author and the commissioner of the work which expressly provides for the entitlement to the copyright, copyright in the commissioned work belongs to the person who is entitled to the copyright under the agreement.

Notwithstanding subsection (1) and sections 13 and 103, the person who commissioned the work—

The following provisions have effect with respect to the duration of copyright in a literary, dramatic, musical or artistic work.

Copyright expires at the end of the period of 50 years from the end of the calendar year in which the author dies, subject as follows.

If the work is of unknown authorship, copyright expires—

subject as follows.

Subsection (2) applies if the identity of the author becomes known before the end of the period specified in subsection (3)(a) or (b).

For the purposes of subsection (3), making available to the public (向公眾提供) includes— (Amended E.R. 2 of 2019; 16 of 2022 s. 7)

but in determining generally for the purposes of that subsection whether a work has been made available to the public no account is to be taken of any unauthorized act. (Amended 16 of 2022 s. 7)

If the work is computer-generated the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the work was made.

The provisions of this section are adapted as follows in relation to a work of joint authorship—

This section does not apply to Government copyright or Legislative Council copyright (see sections 182 to 184) or to copyright which subsists by virtue of section 188 (copyright of certain international organizations).

[cf. 1988 c. 48 s. 12 U.K.]

The following provisions have effect with respect to the duration of copyright in a sound recording.

Copyright expires—

subject as follows.

[cf. 1988 c. 48 s. 13A U.K.]

The following provisions have effect with respect to the duration of copyright in a film.

Copyright expires at the end of the period of 50 years from the end of the calendar year in which the death occurs of the last to die of the following persons—

subject as follows.

If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die is to be construed as a reference to the death of the last whose identity is known.

If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—

Subsections (2) and (3) apply if the identity of any of those persons becomes known before the end of the period specified in subsection (4)(a) or (b).

For the purposes of subsection (4), making available to the public (向公眾提供) includes either or both of the following— (Amended E.R. 2 of 2019; 16 of 2022 s. 9)

but in determining generally for the purposes of that subsection whether a film has been made available to the public no account is to be taken of any unauthorized act.

If in any case there is no person falling within subsection (2)(a) to (d) the above provisions do not apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which the film was made.

For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) to (d) is to be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as unknown.

[cf. 1988 c. 48 s. 13B U.K.]

The following provisions have effect with respect to the duration of copyright in a broadcast or cable programme.

Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service, subject as follows.

Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat broadcast or cable programme which is broadcast or included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.

A repeat broadcast or cable programme means one which is a repeat either of a broadcast previously made or of a cable programme previously included in a cable programme service.

[cf. 1988 c. 48 s. 14 U.K.]

The owner of the copyright in a work has, in accordance with the following provisions of this Division, the exclusive right to do the following acts in Hong Kong—

and those acts are referred to in this Part as the acts restricted by the copyright (受版權所限制的作為). (Amended E.R. 2 of 2019)

Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorizes another to do, any of the acts restricted by the copyright.

For the purposes of subsection (2), in determining whether a person has authorized another person to do any of the acts restricted by the copyright in a work, the court may take into account all the circumstances of the case and, in particular—

References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—

and it is immaterial whether any intervening acts themselves infringe copyright.

This Division has effect subject to—

The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies are construed as follows.

Copying of a work means reproducing the work in any material form. This includes storing the work in any medium by electronic means.

In relation to an artistic work copying includes the making of a copy in 3 dimensions of a 2-dimensional work and the making of a copy in 2 dimensions of a 3-dimensional work.

Copying in relation to a film, television broadcast or cable programme includes making a photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable programme.

Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.

Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work.

[cf. 1988 c. 48 s. 17 U.K.]

The issue of copies of the work to the public is an act restricted by the copyright in every description of copyright work.

References in this Part to the issue of copies of a work to the public are to the act of putting into circulation copies not previously put into circulation, in Hong Kong or elsewhere, by or with the consent of the copyright owner.

References in this Part to the issue of copies of a work to the public do not include—

References in this Part to the issue of copies of a work include the issue of the original and the issue of copies in electronic form. (Amended E.R. 2 of 2019)

[cf. 1988 c. 48 s. 18 U.K.]

The rental of copies of any of the following works to the public is an act restricted by the copyright in the work—

References in this Part to the rental of copies of a work include the rental of the original.

[cf. 1988 c. 48 s. 18A U.K.]

The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.

The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film, broadcast or cable programme.

Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds transmitted by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be regarded as responsible for the infringement.

[cf. 1988 c. 48 s. 19 U.K.]

The communication of a work of any description to the public is an act restricted by the copyright in the work.

References in this Part to the communication of a work to the public are references to the electronic communication of the work to the public, including—

References in this Part to making a work available to the public are references to making the work available, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the work from a place and at a time individually chosen by them (such as by making works available through the Internet).

A person is to be regarded as having communicated a work to the public if the person has determined the content of the communication.

For the purposes of subsection (4), a person does not determine the content of a communication only because the person takes one or more steps for the purpose of—

The mere provision of facilities by any person for enabling or facilitating the communication of a work to the public does not of itself constitute an act of communicating the work to the public.

To avoid doubt, the mere fact that an act done by a person is not a communication of a work to the public under subsection (1) does not affect any liability (whether civil or criminal) the person may otherwise have for that act under—

The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work. For this purpose an adaptation is made when it is recorded, in writing or otherwise.

The doing of any of the acts specified in section 23, 24, 25, 27 or 28A, or subsection (1), in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work. For this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done. (Amended 16 of 2022 s. 15)

No inference is to be drawn from this section as to what does or does not amount to copying a work.

[cf. 1988 c. 48 s. 21 U.K.]

The copyright in a work is infringed by a person who, without the licence of the copyright owner— (Amended 64 of 2000 s. 2)

a copy of a work which is, and which he knows or has reason to believe to be, an infringing copy of the work.

It is immaterial for the purpose of subsection (1)(a) and (c) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 2)

For the purposes of subsection (1)(d), in determining whether any distribution of an infringing copy of a work is made to such an extent as to affect prejudicially the owner of the copyright, the court may take into account all the circumstances of the case and, in particular—

Copyright in a work is infringed by a person who, without the licence of the copyright owner—

an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.

Copyright in a work is infringed by a person who, without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by communicating to the public), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in Hong Kong or elsewhere. (Amended 16 of 2022 s. 17)

It is immaterial for the purpose of subsection (1)(c) whether or not the trade or business consists of dealing in articles specially designed or adapted for making copies of copyright works. (Added 64 of 2000 s. 3)

[cf. 1988 c. 48 s. 24 U.K.]

Where the copyright in a work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.

[cf. 1988 c. 48 s. 25 U.K.]

Where copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, by means of apparatus for—

the persons specified in subsections (2) to (4) are also liable for the infringement.

A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if when he supplied the apparatus or part—

An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if when he gave permission he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright.

A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if when he supplied it he knew or had reason to believe that what he supplied, or a copy made directly or indirectly from it, was likely to be so used as to infringe copyright.

[cf. 1988 c. 48 s. 26 U.K.]

In this Part infringing copy (侵犯版權複製品), in relation to a copyright work, is to be construed in accordance with this section.

A copy of a work is an infringing copy if its making constituted an infringement of the copyright in the work in question.

Except as otherwise provided in section 35A or 35B, a copy of a work other than a copy of an accessory work is also an infringing copy if— (Amended 27 of 2003 s. 2; 15 of 2007 s. 9)

For the purposes of sections 118 to 133 (criminal provisions) infringing copy (侵犯版權複製品) does not include a copy of a work—

or a copy of an accessory work—

For the purposes of Division VII (proceedings relating to importation of infringing articles), infringing copy (侵犯版權複製品) does not include a copy of a work or a copy of an accessory work—

Where in any proceedings the question arises whether a copy of a work is an infringing copy and it is shown—

it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted in the work.

Where, in any proceedings, a question arises as to whether a copy of a work that was lawfully made in the country, territory or area where it was made is an infringing copy by virtue only of subsection (3), and it is shown—

then, unless there is evidence to the contrary, the copy shall be presumed to have been imported into Hong Kong. (Added 15 of 2007 s. 9)

In subsection (6A)(a)—

In this Part, infringing copy (侵犯版權複製品) includes a copy which is to be treated as an infringing copy by virtue of any of the following provisions—

For the purpose of subsections (3), (4) and (5), accessory work (附屬作品) means a work incorporated in or consisting of—

and the economic value of the article (inclusive of the label, packaging, container, instruction, warranty, other information, sound recording or film, as the case may be) is not predominantly attributable to the economic value of the work.

(Repealed 27 of 2003 s. 2)

A copy of a work to which this subsection applies is not an infringing copy for the purposes of section 35(3) if it was lawfully made in the country, territory or area where it was made.

Subsection (1) applies to—

that, but for subsection (1), would be an infringing copy for the purposes of section 35(3).

Subsection (1) does not apply to any copy of a work described in subsection (2)(b)—

and in paragraphs (a) and (b)(i), reference to a television drama, in the case of a television drama comprising one or more episodes, is reference to an episode of the television drama.

Subsection (1) does not apply to any copy of a work described in subsection (2)(b) that is—

(a specified copy of a work) if the article in which the specified copy is embodied is likely, in being acquired by a person for his own use, to be acquired for the purpose of acquiring the specified copies of works that are embodied in it more so than for the purpose of acquiring the copies of works other than specified copies that are embodied in it.

For the purposes of subsection (4), in considering the extent to which an article is likely to be acquired for the purpose of acquiring a particular copy of a work that is embodied in it, a copy of those parts of any computer program the function of which is to provide a means of—

shall be regarded as part of the specified copy of a work.

For the avoidance of doubt, reference in this section, other than subsection (6), to a copy of a work is reference to a copy of the whole or a substantial part of a work.

A copy of a work to which this subsection applies is not—

Subsection (1) applies to a copy of a work of any description except a copy of a work—

Notwithstanding the exception in subsection (2), subsection (1) applies to a copy of a work that is referred to in subsection (2)(a) and that is, or is intended to be, played or shown in public—

For the purposes of subsection (3)(b), a library is regarded as a specified library if it falls within the description of any library specified under section 46(1)(b).

Where a copy of a work is not an infringing copy by virtue of subsection (1) but is subsequently dealt in for the purpose of or in the course of any trade or business—

For the purposes of sections 30 and 31 and for the avoidance of doubt, it is declared that if in an action for infringement of copyright under section 30 or 31 in respect of a copy of a work which is an infringing copy by virtue only of section 35(3) and which was lawfully made in the country, territory or area where it was made, the defendant proves that— (Amended 15 of 2007 s. 11)

he has proved that he did not have reason to believe that the copy was an infringing copy.

In determining whether a defendant has proved under subsection (1) that he did not have reason to believe that the copy was an infringing copy of the work, the court may have regard to, including but not limited to, the following—

In an action against a person for infringement of copyright under section 30 or 31, it is a defence for that person to prove that—

In determining whether the copyright owner or exclusive licensee had acted unconscionably, the court shall take into consideration the established practices of the particular trade for the orderly distribution of copies of that category of work and, in particular, whether the order, if fulfilled, would conflict with a normal exploitation of the work by the copyright owner or the exclusive licensee, or would unreasonably prejudice the legitimate interests of the copyright owner or exclusive licensee.

In determining whether supply is withheld on unreasonable grounds or whether the agreement to supply is on unreasonable terms the court shall have regard to the reasonable requirements of the particular trade or particular public, including but not limited to price and delivery times, the practice of the trade with existing stocks in Hong Kong, the practice of the trade generally for the product in its particular medium, category or language, the size of the order, enquiries made and whether or not any person has previously had unfulfilled orders with the particular supplier.

The provisions of this Division specify acts which may be done in relation to copyright works notwithstanding the subsistence of copyright; they relate only to the question of infringement of copyright and do not affect any other right or obligation restricting the doing of any of the specified acts.

Where it is provided by this Division that an act does not infringe copyright, or may be done without infringing copyright, and no particular description of copyright work is mentioned, the act in question does not infringe the copyright in a work of any description.

In determining whether an act specified in this Division may be done in relation to a copyright work notwithstanding the subsistence of copyright, the primary consideration is that the act does not conflict with a normal exploitation of the work by the copyright owner and does not unreasonably prejudice the legitimate interests of the copyright owner.

No inference is to be drawn from the description of any act which may by virtue of this Division be done without infringing copyright as to the scope of the acts restricted by the copyright in any description of work.

The provisions of this Division are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.

[cf. 1988 c. 48 s. 28 U.K.]

Fair dealing with a work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (Amended 15 of 2007 s. 12)

Copying by a person other than the researcher or student himself is not fair dealing if—

In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular—

Fair dealing with a work (the work) for the purpose of criticism or review of the work or another work, or of a performance of a work, does not infringe any copyright in the work or, for a published edition of the work, in the typographical arrangement of the published edition, if—

Copyright in a work is not infringed by the use of a quotation from the work (whether for the purpose of criticism, review or otherwise) if—

Fair dealing with a work for the purpose of reporting or commenting on current events does not infringe any copyright in the work or, for a published edition of the work, in the typographical arrangement of the published edition, if (subject to subsection (6)) the dealing is accompanied by a sufficient acknowledgement.

In determining whether any dealing with a work is fair dealing under subsection (1), (2)(b) or (3), the court must take into account all the circumstances of the case and, in particular—

For the purposes of subsections (1)(a) and (2)(a)—

For the purposes of subsections (1)(b), (2)(d) and (3), it is not necessary to accompany the relevant dealing with a sufficient acknowledgement if it is not reasonably practicable to do so.

Fair dealing with a work for the purpose of parody, satire, caricature or pastiche does not infringe any copyright in the work.

In determining whether any dealing with a work is fair dealing under subsection (1), the court must take into account all the circumstances of the case and, in particular—

Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.

The copyright is also not infringed by the issue to the public of copies, or the playing, showing or communicating to the public, of anything whose making was, by virtue of subsection (1), not an infringement of the copyright. (Amended 16 of 2022 s. 21)

A musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, is not regarded as incidentally included in another work if it is deliberately included.

[cf. 1988 c. 48 s. 31 U.K.]

In this section and in sections 40B to 40F— (Amended 10 of 2020 s. 4)

(Added 15 of 2007 s. 13)

A reference in section 40B, 40C, 40CA or 40CB to a copy of the whole or part of a work includes a copy of the whole or part of the work in audio form, such as an audiobook. (Added 10 of 2020 s. 4)

Subject to section 40CC, if a person with a print disability possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work (master copy), and the master copy is not accessible to the person because of the disability, making an accessible copy of the master copy by or on behalf of the person for the person’s personal use is not an infringement of copyright in the work or—

(Repealed 10 of 2020 s. 5)

Subsection (1) does not apply unless, at the time when the accessible copy is made, the maker of the copy is satisfied, after making reasonable enquiries, that no copy of the relevant copyright work in a form that is accessible to the person with a print disability can be obtained at a reasonable commercial price. (Replaced 10 of 2020 s. 5)

If a person makes an accessible copy on behalf of a person with a print disability under this section and charges for it, the sum charged must not exceed the cost incurred in making and supplying the copy.

Where an accessible copy which apart from this section would be an infringing copy is made or supplied in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (5), an accessible copy is dealt with if it is—

Subject to section 40CC, if a specified body possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work that has been published or otherwise made publicly available in any media (master copy), and the master copy is not accessible to persons with a print disability, the doing of an act specified in subsection (1A) by the body is not an infringement of copyright in the work or—

The following acts are specified for the purposes of subsection (1)—

If a specified body has made an accessible copy of a master copy under subsection (1), the doing of an act specified in subsection (1C) by the body is also not an infringement of copyright in the work or—

The following acts are specified for the purposes of subsection (1B)—

(Repealed 10 of 2020 s. 6)

Subsections (1) and (1A) do not apply unless, at the time when the accessible copies are made, the specified body is satisfied, after making reasonable enquiries, that no copy of the relevant copyright work in a form that is accessible to a person with a print disability can be obtained at a reasonable commercial price. (Replaced 10 of 2020 s. 6)

Subsections (1B) and (1C) do not apply unless, at the time when the further accessible copies are made, the specified body is satisfied, after making reasonable enquiries, that no copy of the relevant copyright work in a form that is accessible to a person with a print disability can be obtained at a reasonable commercial price. (Added 10 of 2020 s. 6)

The specified body must—

Subsection (4) does not apply if the specified body cannot, after making reasonable enquiries, ascertain the identity and contact details of the relevant copyright owner. (Amended 10 of 2020 s. 6)

If the specified body charges for making and supplying an accessible copy under this section, the sum charged must not exceed the cost incurred in making and supplying the copy.

Where an accessible copy which apart from this section would be an infringing copy is made or supplied in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (7), an accessible copy is dealt with if it is—

Subject to section 40CC, if a specified body possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work that has been published or otherwise made publicly available in any media (master copy), and the master copy is not accessible to persons with a print disability, the doing of an act specified in subsection (2) by the body is not an infringement of copyright in the work or—

The following acts are specified for the purposes of subsection (1)—

Subsections (1) and (2) do not apply unless both of the following conditions are met by the specified body before exporting or supplying an accessible copy to an authorized entity—

If a specified body has made an accessible copy of a master copy under section 40C, the doing of an act specified in subsection (5) by the body is also not an infringement of copyright in the work or—

The following acts are specified for the purposes of subsection (4)—

Subsections (4) and (5) do not apply unless both of the following conditions are met by the specified body before exporting or supplying an accessible copy to an authorized entity—

In determining whether a specified body does not know, or does not have reasonable grounds for believing, that an accessible copy would be used otherwise than by persons with a print disability for their personal use, the court may have regard to all the circumstances including whether the body has obtained a confirmation from the authorized entity that the copy would only be provided to persons with a print disability for their personal use.

The specified body must—

Subsection (8) does not apply if the specified body cannot, after making reasonable enquiries, ascertain the identity and contact details of the relevant copyright owner.

If the specified body charges for making, exporting or supplying an accessible copy under this section, the sum charged must not exceed the cost incurred in making, exporting or supplying the copy.

Where an accessible copy which apart from this section would be an infringing copy is made, exported or supplied in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (11), an accessible copy is dealt with if it is—

The doing of an act specified in subsection (2) by a specified body for the purpose of supplying accessible copies of the whole or part of a literary, dramatic, musical or artistic work to persons with a print disability for their personal use is not an infringement of copyright in the work or—

The following acts are specified for the purposes of subsection (1)—

Subsections (1) and (2) do not apply if—

Also, subsections (1) and (2) do not apply unless, at the relevant time, the specified body is satisfied, after making reasonable enquiries, that no copy of the relevant copyright work in a form that is accessible to persons with a print disability can be obtained at a reasonable commercial price.

In subsection (4)—

If the specified body charges for importing, obtaining, making or supplying an accessible copy under this section, the sum charged must not exceed the cost incurred in importing, obtaining, making or supplying the copy.

Where an accessible copy which apart from this section would be an infringing copy is imported, obtained, possessed, made or supplied in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (7), an accessible copy is dealt with if it is—

Sections 40B(1), 40C(1) and 40CA(1) do not apply if—

In this section—

A specified body entitled to make accessible copies of a master copy under section 40C may possess an intermediate copy of the master copy which is necessarily created during the production of the accessible copies, but—

An intermediate copy possessed otherwise than in accordance with subsection (1) is to be treated as an infringing copy.

A specified body may lend or transfer an intermediate copy possessed under subsection (1) to another specified body which is also entitled to make accessible copies of the relevant copyright work under section 40C.

The specified body must—

Subsection (4) does not apply if the specified body cannot, after making reasonable enquiries, ascertain the identity and contact details of the relevant copyright owner. (Amended 10 of 2020 s. 8)

If the specified body charges for lending or transferring an intermediate copy under this section, the sum charged must not exceed the cost incurred in lending or transferring the copy.

Where an intermediate copy which apart from this section would be an infringing copy is possessed, lent or transferred in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (7), an intermediate copy is dealt with if it is—

A specified body must make a record of any accessible copy made or supplied under section 40C as soon as practicable after it is made or supplied.

The record referred to in subsection (1) must include—

A specified body must make a record of any accessible copy exported or supplied under section 40CA as soon as practicable after it is exported or supplied. (Added 10 of 2020 s. 9)

The record referred to in subsection (2A) must include—

A specified body must make a record of any accessible copy imported or obtained under section 40CB as soon as practicable after it is imported or obtained. (Added 10 of 2020 s. 9)

The record referred to in subsection (2C) must include—

A specified body must make a record of any intermediate copy lent or transferred under section 40D as soon as practicable after it is lent or transferred.

The record referred to in subsection (3) must include—

A specified body must—

This section supplements sections 40A to 40E.

A copy (other than an accessible copy made under section 40B, 40C, 40CA or 40CB) of a copyright work is taken to be accessible to a person with a print disability only if it is as accessible to the person as it would be if the person were not suffering from the disability. (Amended 10 of 2020 s. 10)

An accessible copy of a copyright work may be in the form of—

An accessible copy of a copyright work may include facilities for navigating around the version of the work but must not include—

Fair dealing with a work by or on behalf of a teacher or by a pupil for the purposes of giving or receiving instruction in a specified course of study provided by an educational establishment does not infringe the copyright in the work or, in the case of a published edition, in the typographical arrangement.

In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular—

Where any dealing with a work involves the inclusion of any passage or excerpt from a published literary or dramatic work in an anthology—

Where any dealing with a work involves the making of a recording of a broadcast or cable programme or a copy of such a recording—

Where any dealing with a work involves the communication of the work through a wire or wireless network wholly or partly controlled by an educational establishment— (Amended 16 of 2022 s. 28)

Without affecting the generality of section 37(5), where any dealing with a work involves the making of copies, the fact that the making of the copies does not fall within section 45 does not mean that it is not covered by this section, and subsection (2) applies in determining whether the dealing is fair dealing under subsection (1). (Amended 16 of 2022 s. 28)

Where a copy which apart from this section would be an infringing copy is made in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (7), a copy is dealt with if it is—

Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied, to a reasonable extent, in the course of instruction or of preparation for instruction, if the copying—

Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, if the copying is done by a person giving or receiving instruction.

Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.

Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purpose of that dealing and if that dealing infringes copyright, for all subsequent purposes. (Amended 16 of 2022 s. 29)

For the purposes of subsection (5), a copy is dealt with if it is—

The inclusion of a short passage from a published literary or dramatic work in a collection which—

does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.

Subsection (1) does not authorize the inclusion of more than 2 excerpts from copyright works by the same author in collections published by the same publisher over any period of 5 years.

In relation to any given passage the reference in subsection (2) to excerpts from works by the same author—

References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.

[cf. 1988 c. 48 s. 33 U.K.]

The performance of a literary, dramatic or musical work before an audience consisting wholly or mainly of teachers and pupils at an educational establishment, parents or guardians of pupils at the establishment, and other persons directly connected with the activities of the establishment— (Amended 15 of 2007 s. 15)

is not a public performance for the purposes of infringement of copyright.

The playing or showing of a sound recording, film, broadcast or cable programme before such audience at an educational establishment for the purposes of giving or receiving instruction is not a playing or showing of the work in public for the purposes of infringement of copyright. (Amended 15 of 2007 s. 15)

(Repealed 15 of 2007 s. 15)

[cf. 1988 c. 48 s. 34 U.K.]

A recording of a broadcast or cable programme, or a copy of such a recording may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast or cable programme, or in any work included in it, if—

A person authorized by an educational establishment may, without infringing copyright, communicate to an authorized recipient a recording, or a copy of a recording, of a broadcast or cable programme that has been made in accordance with subsection (1) if—

Recording, copying or communicating to authorized recipients is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the recording, copying or communication in question and the person making the recording, copies or communication in question knew or ought to have been aware of that fact. (Replaced 16 of 2022 s. 30)

Where a recording or copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright, for all subsequent purposes. (Amended 16 of 2022 s. 30)

For the purposes of subsection (3), a recording or copy is dealt with if it is—

In this section—

Copies of artistic works or of passages from published literary, dramatic or musical works, or extracts from published sound recordings or films, may, to a reasonable extent, be made by or on behalf of an educational establishment for the purposes of giving instruction, or by a pupil for the purposes of receiving instruction in a specified course of study provided by an educational establishment, without infringing any copyright in the work, in the typographical arrangement, or in the sound recording or film (as the case may be). (Amended 15 of 2007 s. 16; 16 of 2022 s. 31)

A person authorized by an educational establishment may, without infringing copyright, communicate to an authorized recipient a copy of an artistic work, a passage from a published literary, dramatic or musical work, or an extract from a published sound recording or film, that has been made in accordance with subsection (1) if—

Copying or communicating to authorized recipients is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the copying or communication in question and the person making the copies or communication in question knew or ought to have been aware of that fact. (Replaced 16 of 2022 s. 31)

Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it is treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright, for all subsequent purposes. (Amended 16 of 2022 s. 31)

For the purposes of subsection (3), a copy is dealt with if it is—

In this section—

The Secretary for Commerce and Economic Development may— (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

for the purposes of any provision in sections 47 to 53 (copying and communication by librarians, curators and archivists).

In sections 47 to 53—

The regulations may—

Where a person requesting a copy makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him—

References in this section, and in sections 47 to 53, to the librarian, curator or archivist include a person acting on his behalf.

The librarian of a specified library may, if the prescribed conditions are complied with, make and supply a copy of an article in a periodical without infringing any copyright in the text, in any illustrations accompanying the text or in the typographical arrangement.

The prescribed conditions must include the following—

The librarian of a specified library may, if the prescribed conditions are complied with, make and supply a copy of part of a published literary, dramatic, musical or artistic work (other than an article in a periodical), or of part of a published sound recording or film, without infringing any copyright in the work, in any illustrations accompanying the work, in the typographical arrangement, or in the sound recording or film (as the case may be). (Amended 16 of 2022 s. 35)

The prescribed conditions must include the following—

Regulations for the purposes of sections 47 and 48 (copying by librarian of article or part of published work) must contain provision to the effect that a copy is supplied only to a person satisfying the librarian that his requirement is not related to any similar requirement of another person.

The regulations may provide—

The librarian of a specified library may, if the prescribed conditions are complied with, make and supply to another specified library a copy of—

without infringing any copyright in the text of the article, in the work, in any illustration accompanying it, in the typographical arrangement, or in the sound recording or film, as the case may be.

Subsection (1)(b) and (c) does not apply if at the time the copy is made the librarian making it knows, or could by reasonable inquiry ascertain, the name and address of a person entitled to authorize the making of the copy.

[cf. 1988 c. 48 s. 41 U.K.]

Subject to subsection (1A), the librarian, curator or archivist of a specified library, museum or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library, museum or archive— (Amended 16 of 2022 s. 37)

without infringing the copyright in any literary, dramatic, musical or artistic work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement or, in the case of a sound recording or a film, in the sound recording or film. (Amended 16 of 2022 s. 37)

The total number of copies made from an item in the permanent collection of a specified library, museum or archive and placed in the permanent collection of that library, museum or archive must not exceed 3 at any one time, and only one of those copies may be accessible to the public at that library, museum or archive. (Added 16 of 2022 s. 37)

The prescribed conditions must include provision for restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item in question to fulfill that purpose.

[cf. 1988 c. 48 s. 42 U.K.]

If the conditions specified in subsection (2) are complied with, the librarian, curator or archivist of a specified library, museum or archive may, without infringing copyright, communicate a copy of an item in the permanent collection of the library, museum or archive made under section 51 to the users or staff of the library, museum or archive, by making it available online to be accessed through the use of a computer terminal installed within the premises of the library, museum or archive.

The conditions are—

Communicating to users or staff of a specified library, museum or archive is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the communication in question and the person making the communication in question knew or ought to have been aware of that fact.

The librarian, curator or archivist of a specified library, museum or archive may, if the prescribed conditions are complied with, make and supply a copy of the whole or part of— (Amended 16 of 2022 s. 39)

in the library, museum or archive without infringing any copyright in the work or any illustrations accompanying it or in the sound recording or film.

This section does not apply if—

and at the time the copy is made the librarian, curator or archivist making it is, or ought to be, aware of that fact.

The prescribed conditions must include the following—

If the condition specified in subsection (2) is complied with, the librarian, curator or archivist of a specified library, museum or archive may play or show any sound recording or film held in the permanent collection of the library, museum or archive to an audience consisting of members of the public within the premises of the library, museum or archive, without infringing the copyright in the sound recording or film or any work included in the sound recording or film.

The condition is that if the audience is required to pay for the playing or showing of the sound recording or film, the payment required is no more than a reasonable contribution towards the maintenance of the library, museum or archive.

The playing or showing of a sound recording or film is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the playing or showing in question and the person playing or showing the sound recording or film in question knew or ought to have been aware of that fact.

Fair dealing with a work by the Government, the Executive Council, the Judiciary or any District Council for the purposes of efficient administration of urgent business does not infringe the copyright in the work or, in the case of a published edition, in the typographical arrangement.

In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular—

Where a copy which apart from this section would be an infringing copy is made in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—

For the purposes of subsection (3), a copy is dealt with if it is—

Copyright is not infringed by—

Copyright is not infringed by anything done for the purposes of reporting the proceedings of the Legislative Council; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.

Copyright is not infringed by anything done for the purposes of judicial proceedings. (Amended 15 of 2007 s. 18)

Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.

[cf. 1988 c. 48 s. 45 U.K.]

Copyright is not infringed by anything done for the purposes of the proceedings of a statutory inquiry.

Copyright is not infringed by anything done for the purposes of reporting any such proceedings held in public; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.

Copyright in a work is not infringed by communicating to the public the report of a statutory inquiry containing the work or material from it or by issuing copies of the report to the public. (Amended 16 of 2022 s. 43)

In this section—

Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, copyright is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve communicating the material to the public or issuing copies of the material to the public. (Amended 16 of 2022 s. 44)

Where material is open to public inspection pursuant to a statutory requirement, copyright is not infringed by copying the material, communicating the material to the public or issuing copies of the material to the public, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed. (Amended 16 of 2022 s. 44)

Where material which is open to public inspection pursuant to a statutory requirement, or which is on a statutory register, contains information about matters of general scientific, technical, commercial or economic interest, copyright is not infringed by copying the material, communicating the material to the public or issuing copies of the material to the public, by or with the authority of the appropriate person, for the purpose of disseminating that information. (Amended 16 of 2022 s. 44)

The Chief Executive may by regulation provide that subsection (1), (2) or (3) applies, in such cases as may be specified in the regulation, only to copies marked in such manner as may be so specified. (Amended 22 of 1999 s. 3)

The Chief Executive may by regulation provide that subsections (1) to (3) apply, to such extent and with such modifications as may be specified in the regulation— (Amended 22 of 1999 s. 3)

as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a statutory register.

In this section—

[cf. 1988 c. 48 s. 47 U.K.]

This section applies where a work has in the course of public business been provided to the Government for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Government.

The Government may, for the purpose for which the work was provided to it, or any related purpose which could reasonably have been anticipated by the copyright owner, copy the work, communicate the work to the public or issue copies of the work to the public without infringing any copyright in the work.

The Government may not copy a work, communicate a work to the public or issue copies of a work to the public by virtue of this section if the work has previously been published otherwise than by virtue of this section.

This section has effect subject to any agreement to the contrary between the Government and the copyright owner.

Material which is comprised in public records which are open to public inspection may be copied, and a copy may be supplied to any person without infringement of copyright.

[cf. 1988 c. 48 s. 49 U.K.]

Where the doing of a particular act is specifically authorized by an Ordinance, whenever enacted, then, unless the Ordinance provides otherwise, the doing of that act does not infringe copyright.

Nothing in this section is to be construed as excluding any defence of statutory authority otherwise available under or by virtue of any Ordinance.

[cf. 1988 c. 48 s. 50 U.K.]

A lawful user of a copy of a computer program may make a back-up copy of the program without infringing the copyright in the program if it is necessary for him to have the back-up copy for the purposes of his lawful use.

For the purposes of this section and section 61 a person is a lawful user of a computer program if he has a contractual right to use the program.

This section has effect subject to any agreement to the contrary.

[cf. 1988 c. 48 s. 50A U.K.]

A lawful user of a copy of a computer program may copy or adapt the program without infringing the copyright in the program if the copying or adapting is necessary for his lawful use.

A lawful user of a copy of a computer program may, in particular, if it is necessary for the lawful use of the program, copy the program or adapt it for the purpose of correcting errors in it.

This section does not apply to any copying or adapting permitted under section 60.

[cf. 1988 c. 48 s. 50C U.K.]

It is not an infringement of copyright in an artistic work consisting of the design of a typeface—

and this is so notwithstanding that an article is used which is an infringing copy of the work.

However, the following provisions of this Part apply in relation to persons making, importing, exporting or dealing with articles specifically designed or adapted for producing material in a particular typeface, or possessing such articles for the purpose of dealing with them, as if the production of material as mentioned in subsection (1) did infringe copyright in the artistic work consisting of the design of the typeface—

section 32 (secondary infringement: making, importing, exporting, possessing or dealing with article for making infringing copy);

section 109 (order for delivery up); and

section 118(4) (offence of making or possessing such an article).

[cf. 1988 c. 48 s. 54 U.K.]

This section applies to the copyright in an artistic work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.

After the period of 25 years from the end of the calendar year in which the first such articles are marketed, the work may be copied by making further such articles, or doing anything for the purpose of making such articles, and anything may be done in relation to articles so made, without infringing copyright in the work.

[cf. 1988 c. 48 s. 55 U.K.]

This section applies where a copy of a work in electronic form (other than such a copy which was made available to the public) has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it.

If there are no express terms—

anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred is to be treated as an infringing copy for all purposes after the transfer.

Subsection (2) also applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.

[cf. 1988 c. 48 s. 56 U.K.]

The copyright in a work is not infringed by the making and storage of a copy of the work by a service provider if—

In this section—

Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—

Subsection (1)(b)(ii) does not apply in relation to—

In relation to a work of joint authorship—

Where a record of spoken words is made, in writing or otherwise, for the purpose of—

it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, if the conditions in subsection (2) are met.

The conditions are that—

The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.

Copyright in a work is not infringed by the making of a sound recording, or the communication to the public, of a reading or recitation which by virtue of subsection (1) does not infringe copyright in the work, if the recording or communication consists mainly of material in relation to which it is not necessary to rely on that subsection. (Amended 16 of 2022 s. 49)

[cf. 1988 c. 48 s. 59 U.K.]

Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract, communicate the abstract to the public or issue copies of the abstract to the public. (Amended 16 of 2022 s. 50) [cf. 1988 c. 48 s. 60(1) U.K.]

This section does not apply if, or to the extent that, licences under licensing schemes are available authorizing the act in question and the person so acting knew or ought to have been aware of that fact.

A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a body designated under subsection (4)(b) without infringing any copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) below are met.

The conditions are that—

Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body designated under subsection (4)(b) may, if the conditions prescribed under subsection (4)(a) are met, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.

The Secretary for Commerce and Economic Development may for the purposes of this section by regulation— (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

The conditions prescribed under subsection (4)(a) must include—

In this section, references to the archivist include a person acting on his behalf.

[cf. 1988 c. 48 s. 61 U.K.]

This section applies to—

The copyright in such a work is not infringed by—

Nor is the copyright infringed by the communication to the public, or the issue to the public of copies, of anything whose making was, by virtue of this section, not an infringement of the copyright. (Amended 16 of 2022 s. 52)

[cf. 1988 c. 48 s. 62 U.K.]

It is not an infringement of copyright in an artistic work to copy it, communicate it to the public or issue copies of it to the public, for the purpose of advertising the sale of the work.

Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes. (Amended 15 of 2007 s. 20)

For the purposes of subsection (2), a copy is dealt with if it is—

Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—

Subsection (1)(b)(ii) does not apply in relation to—

It is not an infringement of the copyright in a work (other than a broadcast or a cable programme) to perform, show or play it as part of the activities of, or for the benefit of, a club, society or other organization if the following conditions are met.

The conditions are—

Copyright in a sound recording or in any literary, dramatic or musical work included in a sound recording is not infringed by the making of a copy of the sound recording (private copy) if—

A private copy that, but for subsection (1), would be an infringing copy is to be treated as an infringing copy if—

This section applies where by virtue of a licence or assignment of copyright a person is authorized to broadcast or include in a cable programme service—

He is by virtue of this section to be treated as licensed by the owner of the copyright in the work to do or authorize any of the following for the purposes of the broadcast or cable programme—

That licence is subject to the condition that the sound recording, film, photograph or copy in question—

A sound recording, film, photograph or copy made in accordance with this section is treated as an infringing copy—

Copyright is not infringed by the making or use by Radio Television Hong Kong, for the purposes of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.

Copyright is not infringed by the making or use of recordings—

The showing or playing in public of a broadcast or cable programme (other than an encrypted broadcast or cable programme) to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any copyright in—

The audience are treated as having paid for admission to a place—

The following are not regarded as having paid for admission to a place—

Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast or programme is to be taken into account in assessing the damages for that infringement.

[cf. 1988 c. 48 s. 72 U.K.]

The playing of a sound broadcast inside a vehicle primarily for the purpose of affording the driver of the vehicle access to public information (including but not limited to news reports, weather forecasts and information relating to road traffic) does not infringe the copyright in the sound broadcast, any sound recording included in it or any literary, dramatic or musical work included in it.

The copyright in a television broadcast or a sound broadcast is not infringed by any person who, by the reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a service provided—

The copyright in a television broadcast which is not encrypted or in a sound broadcast which is not encrypted is not infringed by any person who, by the reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a service provided—

until the expiration of 6 months beginning on the day of publication of the notice in accordance with subsection (5). (Amended 36 of 2000 s. 28; 17 of 2011 s. 28)

Where a television broadcast or sound broadcast is made or uplinked from a place in Hong Kong or elsewhere, and the broadcast is a lawful broadcast, then any person who, by the reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a service provided by a system or an interconnection specified in subsection (1) or (2), being a programme comprising a literary, dramatic or musical work, or an adaptation of such a work, or an artistic work, or a sound recording or film, shall be in a like position, in any proceedings for infringement of the copyright (if any) in the work, recording or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation, recording or film in any programme so included in that service.

Where a television broadcast or a sound broadcast is not encrypted, the person who, by the reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a service provided by a system or interconnection specified in subsection (2) is deemed to have been granted an implied licence by the maker of the broadcast to receive and re-transmit the broadcast using the system which is only revocable by notice given in accordance with subsection (5).

The maker of a broadcast in respect of which a licence is deemed to have been granted under subsection (4) may revoke the licence by publishing a notice of revocation in—

A body designated under subsection (3) may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for their special needs, make copies of television broadcasts or cable programmes, communicate the broadcasts or cable programmes to the public or issue copies of the broadcasts or cable programmes to the public, without infringing any copyright in the broadcasts or cable programmes or works included in them. (Amended 16 of 2022 s. 55)

This section does not apply if, or to the extent that, licences under licensing schemes are available authorizing the act in question and the person so acting knew or ought to have been aware of that fact.

The Secretary for Commerce and Economic Development may, by notice in the Gazette, designate bodies for the purposes of this section, and the Secretary shall not designate a body unless he is satisfied that it is not established or conducted for profit. (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

[cf. 1988 c. 48 s. 74 U.K.]

A recording of a broadcast or cable programme of a class designated under subsection (2), or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a body designated under subsection (2) without thereby infringing any copyright in the broadcast or cable programme or in any work included in it.

The Secretary for Commerce and Economic Development may, by notice in the Gazette, designate any class of broadcast or of cable programme and any body for the purposes of this section, and the Secretary shall not designate a body unless he is satisfied that it is not established or conducted for profit. (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

[cf. 1988 c. 48 s. 75 U.K.]

This section applies where an artistic work has been exploited, by or with the licence of the copyright owner, by—

After the end of the period of 25 years from the end of the calendar year in which such articles incorporating a registered corresponding design are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

After the end of the period of 15 years from the end of the calendar year in which such articles incorporating an unregistered corresponding design are first marketed, the work may be copied by making articles of any description, or doing anything for the purpose of making articles of any description, and anything may be done in relation to articles so made, without infringing copyright in the work.

Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) or (3) applies only in relation to that part.

In this section—

If the conditions specified in subsection (2) are complied with, a service provider is not liable for damages or any other pecuniary remedy for infringement of the copyright in a work that occurs on the provider’s service platform merely because the provider provides, or operates facilities for, online services.

The conditions are—

For the purposes of subsection (2)(a), a service provider is to be treated as having taken reasonable steps to limit or stop the infringement in question if the provider complies with all the provisions in the code of practice respecting the course of action that a service provider may adopt in limiting or stopping an alleged infringement.

For the purposes of subsection (2)(b)—

To avoid doubt—

This section does not apply to proceedings for infringement of copyright commenced before the day on which this section comes into operation .

If it is alleged that an infringement of the copyright in a work has occurred or is occurring on a service provider’s service platform, a notice in respect of the alleged infringement may be given to the provider under this section.

The notice of alleged infringement—

In addition, the notice of alleged infringement—

If a notice of alleged infringement given to a service provider does not comply with subsection (2) or (3)—

For the purposes of subsection (2)(b), a service provider may specify the form of a notice of alleged infringement in so far as it is not inconsistent with the provisions in subsection (3).

For the purposes of subsection (2)(d), a service provider must specify, through the provider’s service (which may include on the provider’s website), the means (which may include electronic means) by which a notice of alleged infringement is to be provided to the designated agent of the provider.

On receiving a notice of alleged infringement from a complainant, a service provider may—

Within a reasonable time after receiving a copy of a notice of alleged infringement sent by the service provider under section 88C(7)(a) in respect of the matter mentioned in section 88C(7)(d) or a notice given by the provider under section 88D(b), the provider’s subscriber may give a counter notice to the provider—

The counter notice—

In addition, the counter notice—

A counter notice that does not comply with subsection (2) or (3) is of no effect for the purposes of subsection (1)(b).

For the purposes of subsection (2)(b), a service provider may specify the form of a counter notice in so far as it is not inconsistent with the provisions in subsection (3).

For the purposes of subsection (2)(d), a service provider must specify, through the provider’s service (which may include on the provider’s website), the means (which may include electronic means) by which a counter notice is to be provided to the designated agent of the provider.

A person commits an offence if the person—

A person who commits an offence under subsection (1) is liable on conviction to a fine at level 2 and to imprisonment for 2 years.

A person who makes any statement in a notice of alleged infringement or counter notice that the person knows to be false, or does not believe to be true, in a material respect, is liable in damages to any person who suffers loss or damage as a result of the making of the statement.

In this section—

Subject to subsection (2), if a service provider has, in good faith, removed any material, or disabled access to any material or activity, pursuant to a notice of alleged infringement, the provider is not liable to any person for any claim made in respect of the removal or disabling, whether or not the relevant material or activity is ultimately determined to be infringing.

Subsection (1) does not apply to material residing at the direction of a subscriber of the service provider on the provider’s service platform and that is removed, or to material or activity residing at the direction of a subscriber of the provider on the provider’s service platform and to which access is disabled, unless—

Subject to subsection (4), if a service provider has, in good faith, removed any material, or disabled access to any material or activity, after the provider—

the provider is not liable to any person for any claim made in respect of the removal or disabling, whether or not the relevant material or activity is ultimately determined to be infringing.

Subsection (3) does not apply to material residing at the direction of a subscriber of the service provider on the provider’s service platform and that is removed, or to material or activity residing at the direction of a subscriber of the provider on the provider’s service platform and to which access is disabled, unless—

Subject to subsections (6) and (7), if a service provider has, in good faith, reinstated any material, or ceased disabling access to any material or activity, pursuant to a counter notice, the provider is not liable to any person for any claim made in respect of the reinstatement or cessation, whether or not the relevant material or activity is ultimately determined to be infringing.

Subsection (5) does not apply in a case where the material was removed, or access to the material or activity was disabled, pursuant to a notice of alleged infringement, unless—

Subsections (2)(c)(iii), (4)(c) and (5) do not apply if—

The Secretary for Commerce and Economic Development may publish in the Gazette a code of practice for providing practical guidance to service providers in respect of this Division.

Without limiting subsection (1), the Secretary may in the code of practice specify—

In any proceedings, if the court is satisfied that a provision of the code of practice is relevant to determining a matter that is in issue in the proceedings—

The Secretary may amend the code of practice in a manner consistent with the Secretary’s power to publish the code, and a reference to the code in this Division is to be construed as including a reference to the code as so amended.

Neither the code of practice, nor any amendment made to it, is subsidiary legislation.

The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right to be identified as the author or director of the work in the circumstances mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 90.

The author of a literary work (other than words intended to be sung or spoken with music) or a dramatic work has the right to be identified whenever—

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

The author of a musical work, or a literary work consisting of words intended to be sung or spoken with music, has the right to be identified whenever—

and that right includes the right to be identified whenever any of those events occur in relation to an adaptation of the work as the author of the work from which the adaptation was made.

The author of an artistic work has the right to be identified whenever—

The author of a work of architecture in the form of a building also has the right to be identified on the building as constructed or, where more than one building is constructed to the design, on the first to be constructed.

The director of a film has the right to be identified whenever the film is shown in public or communicated to the public, or copies of the film are issued to the public.

The right of the author or director under this section is—

and the identification must in each case be clear and reasonably prominent.

If the author or director in asserting his right to be identified specifies a pseudonym, initials or some other particular form of identification, that form must be used; otherwise any reasonable form of identification may be used.

This section has effect subject to section 91.

A person does not infringe the right conferred by section 89 (right to be identified as author or director) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act.

The right may be asserted generally, or in relation to any specified act or description of acts—

The right may also be asserted in relation to the public exhibition of an artistic work—

The persons bound by an assertion of the right under subsection (2) or (3) are—

In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.

[cf. 1988 c. 48 s. 78 U.K.]

The right conferred by section 89 (right to be identified as author or director) is subject to the following exceptions.

The right does not apply in relation to the following descriptions of work—

The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally vested in the author’s employer by virtue of section 14(1) (employee works).

The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—

The right does not apply in relation to any work made for the purpose of reporting current events.

The right does not apply in relation to the publication in—

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

The right does not apply in relation to—

unless the author or director has previously been identified as such in or on published copies of the work.

[cf. 1988 c. 48 s. 79 U.K.]

The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to derogatory treatment.

For the purposes of this section—

and in the following provisions of this section references to a derogatory treatment of a work are construed accordingly.

In the case of a literary, dramatic or musical work the right is infringed by a person who—

In the case of an artistic work the right is infringed by a person who—

Subsection (4) does not apply to a work of architecture in the form of a building; but where the author of such a work is identified on the building and it is the subject of derogatory treatment he has the right to require the identification to be removed.

In the case of a film, the right is infringed by a person who—

The right conferred by this section extends to the treatment of parts of a work resulting from a previous treatment by a person other than the author or director, if those parts are attributed to, or are likely to be regarded as the work of, the author or director.

This section has effect subject to sections 93 and 94 (exceptions to and qualifications of right).

[cf. 1988 c. 48 s. 80 U.K.]

The right conferred by section 92 (right to object to derogatory treatment of work) is subject to the following exceptions.

The right does not apply to a computer program or to any computer-generated work.

The right does not apply in relation to any work made for the purpose of reporting current events.

The right does not apply in relation to the publication in—

of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.

Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.

The right is not infringed by an act which by virtue of section 66 or 75 (acts permitted on assumptions as to expiry of copyright, etc.) would not infringe copyright.

Subject to subsection (7), the right is not infringed by anything done for the purpose of—

Where the author or director is identified at the time of the relevant act under subsection (6) or has previously been identified in or on published copies of the work, subsection (6) has effect only if there is a sufficient disclaimer.

[cf. 1988 c. 48 s. 81 U.K.]

This section applies to—

The right conferred by section 92 (right to object to derogatory treatment of work) does not apply to anything done in relation to a work referred to in subsection (1) by or with the authority of the copyright owner unless the author or director—

and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.

[cf. 1988 c. 48 s. 82 U.K.]

The right conferred by section 92 (right to object to derogatory treatment of work) is also infringed by a person who—

an article which is, and which he knows or has reason to believe is, an infringing article. (Amended 15 of 2007 s.26)

It is immaterial for the purpose of subsection (1)(a) and (c) whether or not the trade or business consists of dealing in infringing articles. (Added 64 of 2000 s. 4)

A person has the right in the circumstances mentioned in this section—

and in this section an attribution (署名), in relation to such a work, means a statement (express or implied) as to who is the author or director.

The right is infringed by a person who—

The right is also infringed by a person who—

knowing or having reason to believe that the attribution is false. (Amended 16 of 2022 s. 60)

The right is also infringed by a person who issues or makes available to the public or displays in public material containing a false attribution in connection with any of the acts mentioned in subsection (2) or (3).

The right is also infringed by a person who for the purpose of or in the course of any trade or business— (Amended 64 of 2000 s. 5; 15 of 2007 s. 27)

knowing or having reason to believe that there is such an attribution and that it is false.

In the case of an artistic work the right is also infringed by a person who for the purpose of or in the course of any trade or business— (Amended 64 of 2000 s. 5; 15 of 2007 s. 27)

knowing or having reason to believe that that is not the case.

It is immaterial for the purpose of subsections (5) and (6) whether or not the trade or business consists of dealing in—

References in this section to dealing are to selling or letting for hire, offering or exposing for sale or hire, exhibiting in public, or distributing.

This section applies where, contrary to the fact—

as it applies where the work is falsely attributed to a person as author.

[cf. 1988 c. 48 s. 84 U.K.]

The rights conferred by section 89 (right to be identified as author or director) and section 92 (right to object to derogatory treatment of work) continue to subsist so long as copyright subsists in the work.

The right conferred by section 96 (false attribution) continues to subsist until 20 years after a person’s death.

[cf. 1988 c. 48 s. 86 U.K.]

It is not an infringement of any of the rights conferred by this Division to do any act to which the person entitled to the right has consented.

Any of those rights may be waived by instrument in writing signed by the person giving up the right.

A waiver—

and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it is presumed to extend to his licensees and successors in title unless a contrary intention is expressed.

Nothing in this Division is to be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights mentioned in subsection (1).

[cf. 1988 c. 48 s. 87 U.K.]

The right conferred by section 89 (right to be identified as author or director) is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with section 90 by each joint author in relation to himself.

The right conferred by section 92 (right to object to derogatory treatment of work) is, in the case of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the treatment in question.

A waiver under section 98 of those rights by one joint author does not affect the rights of the other joint authors.

The right conferred by section 96 (false attribution) is infringed, in the circumstances mentioned in that section—

and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.

The provisions of this section also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.

A film is jointly directed (合作導演) if it is made by the collaboration of 2 or more directors and the contribution of each director is not distinct from that of the other director or directors. (Amended E.R. 2 of 2019)

The right conferred by section 89 (right to be identified as author or director) applies in relation to the whole or any substantial part of a work.

The rights conferred by section 92 (right to object to derogatory treatment of work) and section 96 (false attribution) apply in relation to the whole or any part of a work.

[cf. 1988 c. 48 s. 89 U.K.]

Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.

An assignment or other transmission of copyright may be partial, that is, limited so as to apply—

An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.

A licence granted by a copyright owner is binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner are construed accordingly.

[cf. 1988 c. 48 s. 90 U.K.]

Without prejudice to sections 14 and 15, where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright vests in the assignee or his successor in title by virtue of this subsection.

In this Part—

A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner are construed accordingly.

[cf. 1988 c. 48 s. 91 U.K.]

The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.

[cf. 1988 c. 48 s. 92 U.K.]

On the death of a person entitled to the right conferred by section 89 (right to identification of author or director) or section 92 (right to object to derogatory treatment of work)—

Where copyright forming part of a person’s estate passes in part to one person and in part to another, as for example where a bequest is limited so as to apply—

any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.

Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person—

A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1).

Any infringement after a person’s death of the right conferred by section 96 (false attribution) is actionable by his personal representatives.

Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.

[cf. 1988 c. 48 s. 95 U.K.]

An infringement of copyright is actionable by the copyright owner.

In an action for infringement of copyright all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.

This section has effect subject to the following provisions of this Division.

[cf. 1988 c. 48 s. 96 U.K.]

Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

The court may in an action for infringement of copyright having regard to all the circumstances, and in particular to—

award such additional damages as the justice of the case may require.

[cf. 1988 c. 48 s. 97 U.K.]

Where a person—

the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.

It is immaterial for the purpose of subsection (1)(a) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 6)

An application must be made before the end of the period specified in section 110 (period after which remedy of delivery up not available); and the court shall not make an order under this section unless the court also makes, or it appears to the court that there are grounds for making, an order under section 111 (order as to disposal of infringing copy or other article).

A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section 111 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.

Nothing in this section affects any other power of the court.

[cf. 1988 c. 48 s. 99 U.K.]

An application for an order under section 109 (order for delivery up in civil proceedings) may not be made after the end of the period of 6 years from the date on which the infringing copy or article in question was made, subject to the following provisions of this section.

If during the whole or any part of that period the copyright owner—

an application may be made at any time before the end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

[cf. 1988 c. 48 s. 113 U.K.]

An application may be made to the court for an order that an infringing copy or other article delivered up in pursuance of an order under section 109 should be—

or for a decision that no such order should be made.

In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of copyright would be adequate to compensate the copyright owner and to protect his interests.

The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) includes power to make rules of court for the purposes of this section. (Amended 25 of 1998 s. 2)

The rules of court made for the purposes of this section may include rules as to the service of notice on persons having an interest in the copy or other articles, and any such person is entitled—

An order under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

Where there is more than one person interested in a copy or other article, the court may make such order as it thinks just and may (in particular) direct that the copy or article be sold, or otherwise dealt with, and the proceeds divided.

If the court decides that no order should be made under this section, the person in whose possession, custody or control the copy or other article was before being delivered up is entitled to its return.

References in this section to a person having an interest in a copy or other article include any person in whose favour an order could be made in respect of it under this section or under section 231 (which makes similar provision in relation to infringement of rights in performances).

[cf. 1988 c. 48 s. 114 U.K.]

An exclusive licensee has, except against the copyright owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.

His rights and remedies are concurrent with those of the copyright owner; and references in the relevant provisions of this Part to the copyright owner shall be construed accordingly.

In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the copyright owner.

[cf. 1988 c. 48 s. 101 U.K.]

Subject to subsection (2), where an action for infringement of copyright brought by the copyright owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.

Where an action for infringement of copyright brought by an exclusive licensee relates (wholly or partly) to an infringement in respect of an infringing copy within the meaning of section 35(3), the exclusive licensee may not, without the leave of the court, proceed with the action unless the copyright owner is joined as a plaintiff.

In an application for leave under subsection (2) to proceed without joining the copyright owner as plaintiff, the court shall not grant leave unless there are exceptional circumstances, other than costs considerations, beyond the control of the copyright owner or exclusive licensee.

A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.

The provisions of this section do not affect the granting of interlocutory relief on an application by a copyright owner or exclusive licensee alone.

Where an action for infringement of copyright is brought which relates (wholly or partly) to an infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent rights of action—

and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to the action.

The copyright owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 109 (order for delivery up); and the court may on the application of the licensee make such order under section 109 as it thinks fit having regard to the terms of the licence.

[cf. 1988 c. 48 s. 102 U.K.]

An infringement of a right conferred by Division IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.

In proceedings for infringement of the right conferred by section 92 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.

[cf. 1988 c. 48 s. 103 U.K.]

The following presumptions apply in proceedings brought by virtue of this Division with respect to a literary, dramatic, musical or artistic work.

Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared is presumed, until the contrary is proved—

In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.

Where no name purporting to be that of the author appeared as mentioned in subsection (2) but a name purporting to be that of the publisher appeared on copies of the work as first published, the person whose name appeared is presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.

If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it is presumed, in the absence of evidence to the contrary—

In proceedings brought by virtue of this Division with respect to a sound recording, where copies of the recording as issued or made available to the public bear a label or other mark stating—

the label or mark is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.

In proceedings brought by virtue of this Division with respect to a film, where copies of the film as issued or made available to the public bear a statement—

the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.

In proceedings brought by virtue of this Division with respect to a computer program, where copies of the program are issued to the public in electronic form or made available to the public bearing a statement—

the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.

The above presumptions apply equally in proceedings relating to an infringement alleged to have occurred before the date on which the copies were issued or made available to the public.

In proceedings brought by virtue of this Division with respect to a film, where the film as shown in public or communicated to the public bears a statement— (Amended 16 of 2022 s. 62)

the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.

This presumption applies equally in proceedings relating to an infringement alleged to have occurred before the date on which the film was shown in public or communicated to the public. (Amended 16 of 2022 s. 62)

For the purposes of this section, a statement that a person was the director of a film is to be taken, unless a contrary indication appears, as meaning that he was the principal director of the film.

[cf. 1988 c. 48 s. 105 U.K.]

A person commits an offence if he, without the licence of the copyright owner of a copyright work—

Where—

then, unless there is evidence to the contrary, the trade or business is presumed, for the purposes of any proceedings instituted under subsection (1)(e), to be a trade or business which consists of dealing in infringing copies of copyright works. (Added 15 of 2007 s. 31)

Where—

then, unless there is evidence to the contrary, the trade or business is presumed, for the purposes of any proceedings instituted under subsection (1)(f)(ii), to be a trade or business which consists of dealing in infringing copies of copyright works. (Added 15 of 2007 s. 31)

Subsections (1)(b) and (c) and (4)(b) and (c) do not apply to an article in transit.

For the purposes of subsection (1)(g), in determining whether any distribution of an infringing copy of the work is made to such an extent as to affect prejudicially the copyright owner, the court—

A person commits an offence if he, without the licence of the copyright owner of a copyright work to which this subsection applies, possesses an infringing copy of the work for the purpose of or in the course of any trade or business with a view to its being used by any person for the purpose of or in the course of that trade or business. (Added 15 of 2007 s. 31)

Subsection (2A) applies to a copyright work that is—

Subsection (2A) does not apply to an infringing copy of a computer program in a printed form. (Added 15 of 2007 s. 31)

Subsection (2A) does not apply to the possession of an infringing copy of a computer program if—

Subsection (2A) does not apply to the possession of an infringing copy of a movie, television drama, musical sound recording or musical visual recording by a designated library, museum or archive for the purpose of heritage conservation if— (Amended 16 of 2022 s. 63)

Subsection (2A) does not apply to the possession of an infringing copy of a movie, television drama, musical sound recording or musical visual recording by a designated library, museum or archive for the purpose of doing any act in relation to the infringing copy (other than for the purpose referred to in subsection (2E)) if— (Amended 16 of 2022 s. 63)

In subsections (2E) and (2F), references to a designated library, museum or archive are references to—

For the purposes of subsection (2FA)(b), the Secretary for Commerce and Economic Development may, having regard to the advice of the Director of Leisure and Cultural Services, by notice published in the Gazette, designate any library, museum or archive that is—

In subsection (2FB)(b)—

Subsection (2A) does not apply if—

Without prejudice to section 125, where a body corporate or a partnership has done an act referred to in subsection (2A), the following person shall, unless there is evidence showing that he did not authorize the act to be done, be presumed also to have done the act—

A defendant charged with an offence under subsection (2A) by virtue of subsection (2H) is taken not to have done the act in question if—

For the purposes of subsection (2I)(a)—

It is a defence for the person charged with an offence under subsection (1) or (2A), to prove that he did not know and had no reason to believe that the copy in question was an infringing copy of the copyright work. (Amended 15 of 2007 s. 31)

It is a defence for the person charged with an offence under subsection (2A) to prove that—

Subsection (3A) does not apply to an employee—

A person commits an offence if he—

an article specifically designed or adapted for making copies of a particular copyright work which article is used or intended to be used to make infringing copies of the copyright work for sale or hire or for use for the purpose of or in the course of any trade or business. (Amended 64 of 2000 s. 7; 15 of 2007 s. 31)

It is a defence for the person charged with an offence under subsection (4) to prove that he did not know and had no reason to believe that the article was used or was intended to be used to make the infringing copies for sale or hire or for use for the purpose of or in the course of any trade or business. (Amended 64 of 2000 s. 7; 15 of 2007 s. 31)

For the purpose of subsections (1)(b) and (3), where a person is charged with an offence under subsection (1) in respect of a copy of a copyright work which is an infringing copy by virtue only of section 35(3) and not being excluded under section 35(4) and which was lawfully made in the country, territory or area where it was made, if he proves that— (Amended 15 of 2007 s. 31)

he has proved that he had no reason to believe that the copy in question was an infringing copy of the copyright work.

In determining whether the person charged has proved under subsection (6) that he had no reason to believe that the copy in question was an infringing copy of the work, the court may have regard to, including but not limited to, the following—

A person commits an offence if he has in his possession an article knowing or having reason to believe that it is used or is intended to be used to make infringing copies of any copyright work for sale or hire or for use for the purpose of or in the course of any trade or business. (Amended 64 of 2000 s. 7; 15 of 2007 s. 31)

(Repealed 15 of 2007 s. 31)

A person commits an offence if the person infringes copyright in a work by—

For the purposes of subsection (8B)(b), in determining whether any communication of the work to the public is made to such an extent as to affect prejudicially the copyright owner, the court—

It is a defence for the person charged with an offence under subsection (8B) to prove that the person did not know and had no reason to believe that, by communicating the work in question in the circumstances described in subsection (8B)(a) or (b), the person was infringing the copyright in the work. (Added 16 of 2022 s. 63)

Sections 115 to 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section.

[cf. 1988 c. 48 s. 107 U.K.]

A person who commits an offence under section 118(1) or (2A) is liable on conviction on indictment to a fine at level 5 in respect of each infringing copy and to imprisonment for 4 years. (Amended 64 of 2000 s. 8; 15 of 2007 s. 32)

A person who commits an offence under section 118(4) or (8) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 8 years.

A person who commits an offence under section 118(8B) is liable on conviction on indictment to a fine at level 5 in respect of each copyright work and to imprisonment for 4 years. (Added 16 of 2022 s. 64)

In this section—

A person commits an offence if, for the purpose of or in the course of a copying service business, he possesses a reprographic copy of a copyright work as published in a book, magazine or periodical, being a copy that is an infringing copy of the copyright work.

In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that the infringing copy of a copyright work in question was not made for the purpose of and was not made in the course of the copying service business.

In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that the infringing copy of a copyright work in question was not made for profit and was not made for reward.

In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that he did not know and had no reason to believe that the copy of a copyright work in question was an infringing copy of the copyright work.

A person who commits an offence under subsection (2) is liable on conviction on indictment to a fine at level 5 in respect of each infringing copy and to imprisonment for 4 years.

Sections 115, 116 and 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under subsection (2).

A person commits an offence if he does any of the following acts on a regular or frequent basis for the purpose of or in the course of any trade or business—

The copyright work referred to in subsection (1)(a) and (b) is a copyright work in a printed form that is contained in—

Subsection (1) does not apply in the circumstances described in Schedules 1AA and 1AB. (Replaced 15 of 2009 s. 3)

Subsection (1) does not apply to an educational establishment of any of the following descriptions—

Subsection (1) does not apply to the distribution through a wire or wireless network of an infringing copy to which access is not restricted by procedures of authentication or identification.

Subsection (1) does not apply if the infringing copy—

Subsection (1) does not apply to the making or distribution by a library or archive referred to in subsection (6)(a) of a single copy of any item forming the special collection for the purpose of preserving or replacing the item against loss, deterioration or damage, but the copy may only be distributed for the use referred to in subsection (6)(b).

For the purposes of the exception under subsections (6) and (7), an archive owned by the Government includes a museum owned by the Government.

The Secretary for Commerce and Economic Development may, having regard to the advice of the Director of Leisure and Cultural Services—

Without prejudice to section 125, where a body corporate or a partnership has done an act referred to in subsection (1), the following person shall, unless there is evidence showing that he did not authorize the act to be done, be presumed also to have done the act—

A defendant charged with an offence under subsection (1) by virtue of subsection (11) is taken not to have done the act in question if—

For the purposes of subsection (12)(a)—

It is a defence for the person charged with an offence under subsection (1) to prove that—

It is a defence for the person charged with an offence in respect of an act under subsection (1) to prove that—

Subsection (15) does not apply to an employee who, at the time when the infringing copy in question was made or distributed, was in a position to make or influence a decision regarding the making or distribution of the infringing copy.

A person who commits an offence under subsection (1) is liable on conviction on indictment to a fine at level 5 in respect of each infringing copy and to imprisonment for 4 years.

Sections 115 and 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under subsection (1).

(Repealed 15 of 2009 s. 3)

The Secretary for Commerce and Economic Development may, by notice published in the Gazette, amend Schedules 1AA and 1AB. (Added 15 of 2009 s. 3)

A person commits an offence if he makes outside Hong Kong, for export to Hong Kong otherwise than for his private and domestic use, any article that he knows would, if it were made in Hong Kong, constitute an infringing copy of a copyright work.

A person commits an offence if he makes outside Hong Kong an article specifically designed or adapted for making copies of a particular copyright work knowing or having reason to believe that it is to be used or is intended to be used in Hong Kong for making an infringing copy of the copyright work for sale or hire or for use for the purpose of or in the course of any trade or business. (Amended 64 of 2000 s. 9; 15 of 2007 s. 34)

It is immaterial for the purpose of subsection (2) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 9)

A person commits an offence if he makes outside Hong Kong or exports from Hong Kong an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that—

A person who, in Hong Kong or elsewhere, aids, abets, counsels or procures the commission by another person of an offence under subsection (1), (2) or (3) commits that offence as a principal.

The offences under subsections (1), (2) and (3) are without prejudice to the offences under section 118.

A person who commits an offence under subsection (1), (2) or (3) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 8 years.

Sections 115 to 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section.

For the purpose of facilitating the proof of subsistence and ownership of copyright, and without prejudice to the operation of sections 11 to 16 (authorship and ownership of copyright) and sections 17 to 21 (duration of copyright), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which states— (Amended 15 of 2007 s. 36)

shall, subject to the conditions contained in subsection (4), be admitted without further proof in any proceedings under this Ordinance.

For the purpose of facilitating the proof of subsistence and ownership of copyright, and without prejudice to subsection (1) and the operation of sections 11 to 16 (authorship and ownership of copyright) and sections 17 to 21 (duration of copyright), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which— (Amended 15 of 2007 s. 36)

shall, subject to the conditions contained in subsection (4), be admitted without further proof in any proceedings under this Ordinance.

For the purposes of facilitating the establishment of the matter referred to in section 35(3)(b), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which—

shall, subject to the conditions contained in subsection (4), be admitted without further proof in any proceedings under this Ordinance. (Added 15 of 2007 s. 36)

For the purposes of any proceedings instituted under section 118(1), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which—

shall, subject to the conditions contained in subsection (4), be admitted without further proof in those proceedings. (Added 15 of 2007 s. 36)

For the purposes of any proceedings instituted under section 118(2A), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which—

shall, subject to the conditions contained in subsection (4), be admitted without further proof in those proceedings. (Added 15 of 2007 s. 36)

For the purposes of any proceedings instituted under section 118(8B), an affidavit that purports to have been made by or on behalf of the copyright owner of a copyright work and that—

is, subject to the conditions contained in subsection (4), to be admitted without further proof in the proceedings. (Added 16 of 2022 s. 65)

For the purposes of any proceedings instituted under section 119B(1), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which—

shall, subject to the conditions contained in subsection (4), be admitted without further proof in those proceedings. (Added 15 of 2007 s. 36)

The court before whom an affidavit which complies with the conditions in subsection (4) is produced under subsection (1), (2), (2A), (2B), (2C), (2CA) or (2D) shall presume, in the absence of evidence to the contrary— (Amended 15 of 2007 s. 36; 16 of 2022 s. 65)

An affidavit may be tendered in evidence under subsection (1), (2), (2A), (2B), (2C), (2CA) or (2D) if— (Amended 15 of 2007 s. 36; 16 of 2022 s. 65)

Notwithstanding that an affidavit is admissible as evidence by virtue of this section, a defendant or his solicitor may, within 3 days from the service of the copy of the affidavit, serve a notice requiring the attendance of the deponent to the affidavit in court.

The parties may agree before the hearing that the requirements of subsection (4)(d) may be dispensed with.

If an affidavit tendered in evidence under subsection (1), (2), (2A), (2B), (2C), (2CA) or (2D)— (Amended 15 of 2007 s. 36; 16 of 2022 s. 65)

Without prejudice to subsection (5)—

Without prejudice to subsection (8)(a), a deponent of an affidavit which is admissible under this section shall attend before the court and give evidence if, and only if, the court so requires under subsection (8)(b).

So much of an affidavit as is admitted in evidence by virtue of this section is, unless the court otherwise directs, to be read aloud at the hearing and where the court so directs an account is to be given orally of so much of any affidavit as is not read aloud.

Any document or object referred to as an exhibit and identified in an affidavit admitted in evidence under this section is treated as if it had been produced as an exhibit and identified in court by the deponent.

A document required by this section to be served on any person may be served—

Without prejudice to the powers of the court to award costs, the court may award costs against a defendant who—

In awarding awards under subsection (13), the court shall have regard to the actual costs incurred by the prosecution or plaintiff as a result of the notice under subsection (5) served by the defendant and the court may award costs under subsection (13) exceeding the limit of costs, if any, which that court may award.

For the purpose of subsection (1)(e), where the work is a computer program, whether in source codes or object codes, a copy of the program only in the form of object codes is also regarded as a true copy of the program.

The Secretary for Commerce and Economic Development may by regulation prescribe the Copyright Registers for the purpose of subsection (2). (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

In this section, court (法院) includes a magistrate.

An authorized officer may—

An authorized officer may—

An authorized officer may call upon any authorized officer to assist him in the exercise of any of his powers under this section. (Added 22 of 1998 s. 45)

A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for suspecting that there is in any place any article or thing which may be seized, removed or detained under section 122(1)(b), issue a warrant authorizing an authorized officer to enter and search the place.

Subject to subsection (3), an authorized officer shall not enter and search any place under section 122(1)(a)(i) except under the authority of a warrant issued under this section.

An authorized officer may enter and search any place under section 122(1)(a)(i) without a warrant issued under this section if the delay necessary to obtain a warrant could result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain a warrant.

Without prejudice to any other Ordinance, any person who—

is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

Any person who, when required to give information to an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance, knowingly gives false or misleading information to any such authorized officer is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

Nothing in this section requires any person to give any information which may incriminate him.

Where a body corporate commits an offence under this Ordinance in respect of any act which is shown to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity he, as well as the body corporate, commits the offence.

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts of a member in connection with his functions of management as if he were a director of the body corporate.

Where an offence under this Ordinance committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any other partner of the partnership or any person concerned in the management of the partnership, that other partner or the person concerned in the management of the partnership commits the like offence.

Where any article seized or detained under section 122 is, or is reasonably suspected by the Commissioner to be—

the Commissioner shall, wherever reasonably practicable, notify the owner of the copyright in question or his authorized agent of the seizure or detention, as the case may be.

In the circumstances specified in subsection (1), the Commissioner may disclose to the owner of the copyright or to his authorized agent—

The owner of the copyright or his authorized agent—

may apply to the Court of First Instance for an order requiring the Commissioner to disclose such information or document and the Court of First Instance may on such an application make such order for disclosure as it thinks fit.(Amended 25 of 1998 s. 2)

An application under subsection (3) may be begun by motion with previous notice to the Commissioner.

Save where, in the opinion of the court, justice so requires, the name or identity of any informer and the information given by such informer shall not be disclosed in any criminal proceedings under this Part.

The court may make any order and adopt any procedure necessary to prevent any such disclosure.

Where an article seized or detained under section 122 is, or is reasonably suspected by the Commissioner to be—

the Commissioner or an authorized officer may give the owner of the copyright work in question or his authorized agent or the person from whom the article was seized sufficient opportunity to inspect the article for the purposes of ascertaining whether the article is an infringing copy of the copyright work, or is an article specifically designed or adapted for making infringing copies of the copyright work, or is a relevant device as defined by section 273C(2). (Amended 16 of 2022 s. 68)

Where more than one article is seized or detained under section 122, the Commissioner or an authorized officer may permit the owner of the copyright or his authorized agent or the person from whom the articles were seized or detained to remove samples of the seized or detained articles if the Commissioner or authorized officer considers it necessary for the purpose of ascertaining whether the articles are infringing copies of the copyright work, or are articles specifically designed or adapted for making copies of the copyright work, or are relevant devices as defined by section 273C(2), on condition that the owner or agent or person, as the case may be, gives the Commissioner or authorized officer the requisite undertakings. (Amended 16 of 2022 s. 68)

For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the person giving the undertaking will—

If the Commissioner or an authorized officer permits the inspection of any seized or detained article, or the removal of a sample, by the copyright owner or his agent or the person from whom the article was seized in accordance with this section, the Government is not liable to the person from whom the article was seized or detained for any loss or damage suffered by him arising out of—

Subject to subsection (2), any person who discloses to any other person any information obtained by him in pursuance of this Ordinance commits an offence unless the disclosure was made—

A person does not commit an offence under subsection (1) by—

Any person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 1 year.

Any article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under section 122 is liable to forfeiture in accordance with the following provisions whether or not any person has been charged of an offence under section 118, 119A, 119B, 120 or 273C. (Amended 4 of 2004 s. 4; 15 of 2007 s. 37; 16 of 2022 s. 69)

The Commissioner shall, subject to subsection (3) and not later than 30 days beginning on the date of the seizure or detention of the article, vessel, aircraft, vehicle or thing serve notice of the seizure or detention on a person who was to the knowledge of the Commissioner at the time of, or immediately after seizure or detention, an owner of the article, vessel, aircraft, vehicle or thing.

Subsection (2) does not apply if the article, vessel, aircraft, vehicle or thing was seized or detained in the presence of—

A notice given under subsection (2) is deemed to have been duly served if—

If an article, vessel, aircraft, vehicle or thing is liable to forfeiture under subsection (1), the owner or the authorized agent of the owner thereof, or a person who was in possession thereof at the time of seizure or detention, or a person who has a legal or equitable interest in it, may within 30 days beginning—

give notice in writing to the Commissioner of his full name and address for service in Hong Kong and claim that the article, vessel, aircraft, vehicle or thing is not liable to forfeiture.

A claimant may withdraw a notice of a claim at any time by notice in writing to the Commissioner.

Except where a person is charged with an offence under section 118, 119A, 119B, 120 or 273C in connection with the seized or detained article, vessel, aircraft, vehicle or thing, if on the date of the expiration of the appropriate period of time specified in subsection (5) for the giving of a notice of claim no such notice has been given in writing to the Commissioner, the article, vessel, aircraft, vehicle or thing is forfeited forthwith to the Government. (Amended 22 of 1999 s. 3; 4 of 2004 s. 4; 15 of 2007 s. 37; 16 of 2022 s. 69)

Where a notice of claim is given under section 131, the Commissioner or an authorized officer shall apply to a magistrate, the District Court or the Court of First Instance for the forfeiture of the article, vessel, aircraft, vehicle or thing unless the Commissioner is satisfied, within a reasonable period after the receipt of the notice of claim, that, on the basis of the evidence of the case, the article, vessel, aircraft, vehicle or thing concerned should be delivered to the claimant. (Amended 25 of 1998 s. 2)

The Commissioner or authorized officer shall state in the application the name and address of the claimant.

Where an application under subsection (1) is made to a magistrate, the magistrate shall issue a summons to the claimant, requiring him to appear before a magistrate upon the hearing of the application, and shall cause a copy of such summons to be served upon the Commissioner.

Where an application under subsection (1) is made to the District Court or the Court of First Instance, it may be begun by motion. (Amended 25 of 1998 s. 2)

Where the claimant is the defendant in criminal proceedings under section 118, 119A, 119B, 120 or 273C in connection with the seized or detained article, vessel, aircraft, vehicle or thing and there is no other claimant, on an application made in that behalf by the Commissioner, the court may hear the forfeiture application immediately following the criminal proceedings and for the purposes of a hearing under this subsection, any requirement in respect of the issue or service of a summons or any notice of the hearing under or by virtue of subsection (3) or (4), as the case may be, does not apply. (Amended 4 of 2004 s. 6; 15 of 2007 s. 39; 16 of 2022 s. 71)

Where there is more than one claimant and one of them is the defendant in criminal proceedings under section 118, 119A, 119B, 120 or 273C in connection with the seized or detained article, vessel, aircraft, vehicle or thing, on an application made in that behalf by the Commissioner, the court may hear the forfeiture application immediately following the criminal proceedings. (Amended 4 of 2004 s. 6; 15 of 2007 s. 39; 16 of 2022 s. 71)

If, upon the hearing of an application under subsection (1), the claimant or some other person who, though not the claimant, was, or would have been, entitled to make a claim under section 131(5), appears before a court, the court shall hear the application.

A court may, at the hearing of a forfeiture application, or at an adjourned hearing, hear a person—

on his claim as to why it should not be forfeited.

If, upon the hearing of an application under subsection (1), neither the claimant nor any person who, though not the claimant, was, or would have been, entitled to make a claim under section 131(5), appears before a court and the court is satisfied—

the court shall hear and determine the application without requiring further inquiry as to the whereabouts of the claimant.

An application under subsection (1) to a magistrate is deemed to be a complaint for the purposes of section 8 of the Magistrates Ordinance (Cap. 227).

Without prejudice to section 132, upon the hearing of an application under subsection (1) a court shall order that the article, vessel, aircraft, vehicle or thing, as the case may be, be forfeited to the Government where the court is satisfied that it is liable to forfeiture, and, if appropriate, that— (Amended 22 of 1999 s. 3)

Without prejudice to section 132, upon the hearing of an application under subsection (1), in any case other than a case referred to in subsection (11) a court may, if it is satisfied—

order that the article, vessel, aircraft, vehicle or thing—

The court shall not make an order under subsection (12)(ii) in respect of an article unless the claimant satisfies the court that the article is not an infringing copy of any copyright work or, as the case may be, is not an article specifically designed or adapted to make copies of any particular copyright work which article is used or is intended to be used, for making infringing copies of any such work, or is not a relevant device as defined by section 273C(2). (Amended 16 of 2022 s. 71)

If, after a court has ordered that an article, vessel, aircraft, vehicle or thing be delivered to a person, that person cannot be found or refuses to accept it, the Commissioner may apply to a court which may—

Unless the context otherwise requires, a reference to a court in this section or section 132 includes a reference to a magistrate.

The District Court may entertain proceedings under—

where the value of the infringing copies, or the alleged infringing copies, and other articles in question does not exceed the limit for actions in tort set out in section 32(1) of the District Court Ordinance (Cap. 336). (Amended 28 of 2000 s. 45)

Nothing in this section affects the jurisdiction of the Court of First Instance. (Amended 25 of 1998 s. 2)

[cf. 1988 c. 48 s. 115 U.K.]

A right holder may apply to the Court of First Instance for an order under section 137(1) where he has reasonable grounds for suspecting that the importation of an article that constitutes an infringing copy of the work in respect of which he is a right holder may take place. (Amended 25 of 1998 s. 2)

An application under subsection (1) may be made ex parte but with previous notice to the Commissioner.

An application under subsection (1) must be in such form as is prescribed by rules of court and must be supported by an affidavit of the right holder which—

No application may be made under subsection (1) with respect to an article in transit.

No application may be made under subsection (1) with respect to the importation by a person of an article for his private and domestic use.

Section 121 applies in respect of an affidavit made in accordance with subsection (3) by the exclusive licensee of the copyright that subsists in a work under this Part in the same manner as it would apply if the affidavit were made by the owner of the copyright.

Where, on the hearing of an application made under section 136, the right holder presents adequate evidence to satisfy the Court of First Instance that the article in question is prima facie an infringing copy, the Court of First Instance may make an order directing the Commissioner or an authorized officer to take reasonable measures to seize or detain the article on or after its importation.

The Court of First Instance may require the right holder to provide security or an equivalent assurance in an amount sufficient to protect the importer and any other person having an interest in the article to be seized or detained, including the consignee and the owner of the article, from any loss or damage that may be incurred in the event that the seizure or detention is wrongful or the article is released to the importer under section 138(6).

A detention order may contain such terms and conditions as the Court of First Instance considers appropriate.

The Court of First Instance shall not make a detention order with respect to any article that has been seized or detained by, and that is in the custody of, the Commissioner or an authorized officer pursuant to any law.

Where the Commissioner or an authorized officer seizes or detains an article pursuant to any law, other than this Division or Division III of Part III, any detention order made with respect to that article ceases to have effect.

Where the Court of First Instance makes a detention order, the right holder shall forthwith serve a copy of the order on the Commissioner.

A detention order has effect from the date on which it is made or such later date as may be specified by the Court of First Instance and ceases to have effect 60 days from that date unless the Commissioner or an authorized officer has, pursuant to the order and within that period, seized or detained any article to which the order applies.

Where a detention order is served on the Commissioner, the Commissioner or an authorized officer shall, subject to the terms and conditions of the order, seize or detain any article to which the order applies.

The right holder shall—

The Commissioner or an authorized officer may refuse to carry out the detention order if the right holder fails to comply with subsection (2).

The Commissioner may, after giving written notice to the right holder, apply to the Court of First Instance for directions in carrying out the detention order, and the Court of First Instance may, after giving the right holder an opportunity to be heard, give such directions as it thinks fit. (Amended 25 of 1998 s. 2)

The Commissioner or an authorized officer shall forthwith after an article is seized or detained pursuant to a detention order, give written notice of the seizure or detention to—

Subject to subsection (7) and to any law authorizing the Commissioner or an authorized officer to seize or detain articles, the Commissioner or an authorized officer shall release any article that has been seized or detained pursuant to a detention order to the importer if the right holder has not, within a period of 10 days after notice of the seizure or detention is given to the right holder, notified the Commissioner in writing that an action for infringement in respect of the article has been brought under this Part.

The Court of First Instance may, on application by the right holder, after giving the Commissioner and each person to whom notice is required to be given under subsection (5) an opportunity to be heard, extend the period referred to in subsection (6) by a period not exceeding an additional 10 days if it is satisfied that the request for the extension is reasonable. (Amended 25 of 1998 s. 2)

In proceedings under subsection (7), the Court of First Instance may require the right holder to provide security or an equivalent assurance in addition to that provided in accordance with section 137(2). (Amended 25 of 1998 s. 2)

Where the right holder has, within the period referred to in subsection (6), as may be extended under subsection (7), notified the Commissioner in writing that an action for infringement in respect of the article has been brought under this Part, the Commissioner or an authorized officer shall retain custody of the article subject to the direction of the court in the infringement proceedings.

No public holiday, gale warning day or black rainstorm warning day is reckoned in the computation of the period referred to in subsection (6), as may be extended under subsection (7).

In this section—

The Commissioner or the right holder may at any time apply to the Court of First Instance to vary the detention order.

The importer or any other person affected by the detention order may at any time apply to the Court of First Instance to vary or set aside the order.

A person who makes an application under subsection (1) or (2) shall give to the other parties such notice of the day fixed for the hearing of the application as a judge of the Court of First Instance may order.

On the hearing of an application under subsection (1) or (2) to vary the detention order, the Court of First Instance may vary the order in such manner as it thinks just.

On the hearing of an application under subsection (2) to set aside the detention order, the Court of First Instance may set aside the order on such terms and conditions as it thinks just.

For the purposes of subsection (3)—

Where an article is seized or detained pursuant to a detention order, the Commissioner may disclose to the right holder—

Where the right holder seeks disclosure of—

he may apply to the Court of First Instance for an order requiring the Commissioner to disclose such information or document and the Court of First Instance may on such an application make such order for disclosure as it deems fit. (Amended 25 of 1998 s. 2)

An application under subsection (2) may be begun by motion with previous notice to the Commissioner.

Where an article is seized or detained pursuant to a detention order, the Commissioner or an authorized officer shall—

Where more than one article is seized or detained pursuant to a detention order, the Commissioner or an authorized officer may permit the right holder or the importer to remove samples of the seized or detained articles if the right holder or the importer, as the case may be, gives the Commissioner or authorized officer the requisite undertakings.

For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the person giving the undertaking will—

If the Commissioner or an authorized officer permits the inspection of any seized or detained article, or the removal of a sample, by the right holder in accordance with this section, the Government is not liable to the importer for any loss or damage suffered by the importer arising out of—

The Commissioner may assess the costs incurred by the Government in connection with the carrying out of a detention order and may deduct those costs from the amount paid as a deposit by the right holder under section 138(2).

Any costs assessed under subsection (1) shall be payable by the right holder to the Government and recoverable as a civil debt.

Where an article is seized or detained pursuant to a detention order and the article is released pursuant to section 138(6), the importer, the consignee or the owner of the article may, within 6 months after the date on which the order is made, apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of the seizure or detention.

Where—

the importer, the consignee or the owner of the article may, within 6 months after the date on which the action is discontinued, the claim is withdrawn or the court renders its determination, as the case may be, apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of the seizure or detention.

On an application under subsection (1) or (2), the Court of First Instance may make such order for compensation as it deems fit.

and for this purpose a scheme (計劃) includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

References in this Division to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only—

and for this purpose a group of companies (公司集團) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622). (Amended 28 of 2012 ss. 912 & 920)

In this Division—

[cf. 1988 c. 48 s. 116 U.K.]

The Registrar shall establish and maintain a register of copyright licensing bodies in such form and manner as he determines and containing such particulars as he thinks fit.

The register is to be open for inspection in such place and in such manner and subject to the payment of such appropriate fee as may be specified by the Registrar by notice in the Gazette.

A licensing body may apply for registration or renewal of registration in such form and manner as may be specified by the Registrar.

An application must be accompanied by—

An application by a body corporate may be signed by any person authorized in that behalf by such body corporate and the Registrar may require such proof of that authorization as he considers necessary.

An application by a partnership must be signed by each partner.

A fee paid under this section is not refundable whether the application is approved or not.

The Registrar may approve an application for registration and enter the name of the applicant in the register if the Registrar is satisfied—

Upon entry of the name of the applicant in the register, the Registrar shall issue to the applicant a certificate of registration in such form as the Registrar determines specifying the requirements with respect to—

which the licensing body must comply with.

A registered licensing body which proposes to charge copyright royalty charges otherwise than in accordance with the scales last published on registration or on renewal of registration shall notify the Registrar in writing together with sufficient particulars of the proposed new scales of charges at least one month before the new scales come into effect.

The licensing body shall make available to the public the information relating to the new scales of copyright royalty charges for different uses at least by the means specified in section 149(1)(b) at least 14 days before the new scales come into effect.

The registration of a licensing body which fails to comply with subsection (1) or (2) or both subsections is deemed to be cancelled from the date when the new scales come into effect.

A certificate of registration is valid for a period of 12 months, or such lesser period as may be specified in the certificate, from the date on which it is granted.

A registered licensing body may apply for the renewal of its registration for a period not exceeding 12 months.

An application for the renewal of registration must be made at least one month before the expiry of the current registration.

The Registrar may decline an application for renewal of registration by a licensing body or cancel the registration of a licensing body if—

On a renewal of registration, the Registrar shall issue to the licensing body a new certificate in such form as the Registrar determines specifying the requirements with respect to—

The Registrar shall remove the name of the licensing body from the register if its application for renewal of registration is declined or its registration is cancelled.

No liability is incurred by the Registrar in respect of anything done or omitted to be done by him bona fide in the exercise or purported exercise of any functions conferred or imposed by or under this Division.

An organization claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case, may refer the terms of a licensing scheme proposed to be operated by a licensing body to the Copyright Tribunal.

The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

If the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 118 U.K.]

If while a licensing scheme is in operation a dispute arises between the operator of the scheme and—

that person or organization may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description.

A scheme which has been referred to the Tribunal under this section remains in operation until proceedings on the reference are concluded.

The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 119 U.K.]

Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 155 or 156, or under this section, made an order with respect to the scheme, then, while the order remains in force—

may refer the scheme again to the Tribunal so far as it relates to cases of that description.

A licensing scheme may not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases—

A scheme which has been referred to the Tribunal under this section and which is in operation remains in operation until proceedings on the reference are concluded.

The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.

The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 120 U.K.]

A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the Copyright Tribunal for an order under this section.

A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either—

may apply to the Tribunal for an order under this section.

A case is regarded as excluded from a licensing scheme for the purposes of subsection (2) if—

If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.

The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 121 U.K.]

Where the Copyright Tribunal has made an order under section 158 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Tribunal to review its order.

An application may not be made, except with the special leave of the Tribunal—

The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.

[cf. 1988 c. 48 s. 122 U.K.]

A licensing scheme which has been confirmed or varied by the Copyright Tribunal—

is in force or, as the case may be, remains in operation, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force.

While the order is in force a person who in a case of a class to which the order applies—

is in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question in accordance with the scheme.

The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation.

If such a direction is made—

Where the Tribunal has made an order under section 158 (order as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose favour the order is made, if he—

is in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

[cf. 1988 c. 48 s. 123 U.K.]

A prospective licensee may refer the terms on which a licensing body proposes to grant a licence to the Copyright Tribunal.

The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

If the Tribunal decides to entertain the reference it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as it may determine to be reasonable in the circumstances.

The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 125 U.K.]

A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

Such an application may not be made until the last 3 months before the licence is due to expire.

A licence in respect of which a reference has been made to the Tribunal remains in operation until proceedings on the reference are concluded.

If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee continues to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.

An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

[cf. 1988 c. 48 s. 126 U.K.]

Where an application has been made to the Copyright Tribunal under section 162 or 163, the Tribunal may of its own motion or on the application of the licensing body order the licensee to make such interim payment of such royalty as the Tribunal thinks just to the licensing body.

Where a reference or an application has been made to the Tribunal under section 162 or 163, the Tribunal may of its own motion or on the application of the prospective licensee or licensee make an order that pending the final determination of the reference or application or until further order by the Tribunal, the licensing body shall not apply for any interlocutory injunction against the prospective licensee (in the case of a reference under section 162) or the licensee (in the case of an application under section 163).

Where the Tribunal has made an order under subsection (2), any application for an interlocutory injunction in any court by the licensing body against the prospective licensee or licensee, as the case may be, shall not be entertained or, if it has been entertained, shall be stayed until the final determination of the reference or application or further order by the Tribunal.

Subject to any earlier termination of the order, an order under subsection (2) ceases to have effect on the final determination of the reference or application, as the case may be.

Where the Copyright Tribunal has made an order under section 162 or 163, the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order.

An application may not be made, except with the special leave of the Tribunal—

The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable in the circumstances.

[cf. 1988 c. 48 s. 127 U.K.]

Where the Copyright Tribunal has made an order under section 162 or 163 and the order remains in force, the person entitled to the benefit of the order shall if he—

be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

The benefit of the order may be assigned—

The Tribunal may direct that an order under section 162 or 163, or an order under section 165 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.

If such a direction is made—

The Copyright Tribunal shall, in every case before it, have regard to public interest, and in determining what is reasonable on a reference or application under this Division relating to a licensing scheme or licence, the Tribunal shall have regard to—