Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 528
TABLE OF PROVISIONS
Long Title
1. Short title and interpretation
2. Copyright and copyright works
3. Rights subsisting in copyright works
4. Literary, dramatic and musical works
5. Artistic works
6. Sound recordings
7. Films
8. Broadcasts
9. Cable programmes
10. Published editions
11. Authorship of work
12. Works of joint authorship
13. First ownership of copyright
14. Employee works
15. Commissioned works
16. Government copyright, etc.
17. Duration of copyright in literary, dramatic, musical or artistic
works
18. Duration of copyright in sound recordings
19. Duration of copyright in films
20. Duration of copyright in broadcasts and cable programmes
21. Duration of copyright in typographical arrangement of published
editions
22. The acts restricted by copyright in a work
23. Infringement of copyright by copying
24. Infringement by issue of copies to the public
25. Infringement by rental of work to the public
26. Infringement by making available of copies to the public
27. Infringement by performance, playing or showing of work in public
28. Infringement by broadcasting or inclusion in a cable programme
service
29. Infringement by making adaptation or act done in relation to
adaptation
30. Secondary infringement: importing or exporting infringing copy
31. Secondary infringement: possessing or dealing with infringing copy
32. Secondary infringement: providing means for making infringing copies
33. Secondary infringement: permitting use of premises for infringing
performance
34. Secondary infringement: provision of apparatus for infringing
performance, etc.
35. Meaning of "infringing copy"
35A. Copy of a computer program, or of certain other works embodied in
the same article as a computer program, not an "infringing copy"
for the purposes of section 35(3)
35B. Imported copy not an "infringing copy" for the purposes of section
35(3)
36. Defences for the purposes of sections 30 and 31
37. Introductory provisions
38. Research and private study
39. Criticism, review and news reporting
40. Incidental inclusion of copyright material
40A. Definitions for sections 40A to 40F
40B. Making a single accessible copy for a person with a print
disability
40C. Making multiple accessible copies by specified bodies for persons
with a print disability
40D. Intermediate copies
40E. Records to be kept by specified bodies
40F. Supplementary provisions for sections 40A to 40E
41A. Fair dealing for purposes of giving or receiving instruction
41. Things done for purposes of instruction or examination
42. Anthologies for educational use
43. Performing, playing or showing work in course of activities of
educational establishments
44. Recording by educational establishments of broadcasts and cable
programmes
45. Reprographic copying made by educational establishments or pupils of
passages from published works
46. Libraries and archives: introductory
47. Copying by librarians: articles in periodicals
48. Copying by librarians: parts of published works
49. Restriction on production of multiple copies of the same material
50. Copying by librarians: supply of copies to other libraries
51. Copying by librarians or archivists: replacement copies of works
52. Copying by librarians or archivists: certain unpublished works
53. Copying by librarians or archivists: articles of cultural or
historical importance
54A. Fair dealing for purposes of public administration
54B. Legislative Council
54. Judicial proceedings
55. Statutory inquiries
56. Material open to public inspection or on official register
57. Material communicated to the Government in the course of public
business
58. Public records
59. Acts done under statutory authority
60. Lawful user may make back-up copy of computer program
61. Lawful user may copy or adapt computer program
62. Use of typeface in ordinary course of printing
63. Articles for producing material in particular typeface
64. Transfers of copies of works in electronic form
65. Certain acts permitted where works made available to the public
66. Anonymous or pseudonymous works: acts permitted on assumptions as to
expiry of copyright or death of author
67. Use of notes or recordings of spoken words in certain cases
68. Public reading or recitation
69. Abstracts of scientific or technical articles
70. Recordings of folksongs
71. Representation of certain artistic works on public display
72. Advertisement of sale of artistic work
73. Making of subsequent works by same artist
74. Reconstruction of buildings
75. Films: acts permitted on assumptions as to expiry of copyright, etc.
76. Performance, showing or playing of works for purposes of club,
society, etc.
77. Incidental recording for purposes of broadcast or cable programme
78. Recording for purposes of supervision and control of broadcasts and
cable programmes
79. Recording for purposes of time-shifting
80. Photographs of television broadcasts or cable programmes
81. Free public showing or playing of broadcast or cable programme
81A. Playing of sound broadcasts inside vehicles
82. Reception and re-transmission of broadcast in cable programme service
83. Provision of sub-titled copies of broadcast or cable programme
84. Recording for archival purposes
85. Adaptations
86. Corresponding design
87. Effect of exploitation of design derived from artistic work
88. Things done in reliance on registration of design
89. Right to be identified as author or director
90. Requirement that right be asserted
91. Exceptions to right
92. Right to object to derogatory treatment of work
93. Exceptions to right
94. Qualification of right in certain cases
95. Infringement of right by possessing or dealing with infringing
article
96. False attribution of work
97. Duration of rights
98. Consent and waiver of rights
99. Application of provisions to joint works
100. Application of provisions to parts of works
101. Assignment and licences
102. Prospective ownership of copyright
103. Exclusive licences
104. Copyright to pass under will with unpublished work
105. Moral rights not assignable
106. Transmission of moral rights on death
107. Infringement actionable by copyright owner
108. Provisions as to damages in infringement action
109. Order for delivery up
110. Period after which remedy of delivery up not available
111. Order as to disposal of infringing copy or other article
112. Rights and remedies of exclusive licensee
113. Exercise of concurrent rights
114. Remedies for infringement of moral rights
115. Presumptions relevant to literary, dramatic, musical and artistic
works
116. Presumptions relevant to sound recordings, films and computer programs
117. Presumptions relevant to works subject to Government copyright
118. Offences in relation to making or dealing with infringing articles,
etc.*
118A. Application of sections 60 and 61 to offences under section 118(1)
119. Penalties for offences under section 118
119A. Offence in relation to possession of infringing copies in a copying
service business
119B. Offence in relation to making for distribution or distributing on a
regular or frequent basis infringing copies of copyright works in
printed form contained in books, etc.
120. #Making infringing copies outside Hong Kong, etc.
120A. Time limit for prosecutions
121. Affidavit evidence
122. Powers of investigating officers
123. Authority to issue warrant for entry and search
124. Obstruction of investigating officers
125. Liability of persons other than principal offender
126. Disclosure of information, etc.
127. Protection of informers in criminal proceedings
128. Inspection of articles, release of samples, etc.
129. Multilateral co-operation
130. Offences relating to disclosure of information
131. Seized articles, etc. liable to forfeiture
132. Disposal of articles, etc. where a person is charged
133. Determination of application for forfeiture
134. Jurisdiction of District Court
135. Definitions
136. Application for detention order
137. Issuance of detention order
138. Enforcement of detention order
139. Variation or setting aside of detention order
140. Disclosure of information
141. Inspection of articles, release of samples, etc.
142. Costs payable
143. Compensation payable to importer, etc.
144. Rules
145. Licensing schemes and licensing bodies
146. Registrar of Copyright Licensing Bodies
147. Maintenance of register and inspection
148. Application for registration and renewal
149. Registration, issue of certificate of registration
150. Change of royalty charges during currency of certificate
151. Duration of registration, renewal and cancellation
152. Regulations
153. No liability in the case of the bona fide exercise of functions
under this Division
154. Licensing schemes to which sections 155 to 160 apply
155. Reference of proposed licensing scheme to Tribunal
156. Reference of licensing scheme to Tribunal
157. Further reference of scheme to Tribunal
158. Application for grant of licence in connection with licensing scheme
159. Application for review of order as to entitlement to licence
160. Effect of order of Tribunal as to licensing scheme
161. Licences to which sections 162 to 166 apply
162. Reference to Tribunal of proposed licence
163. Reference to Tribunal of expiring licence
164. Tribunal may award interim payment and restrict application for
interlocutory injunction
165. Application for review of order as to licence
166. Effect of order of Tribunal as to licence
167. General considerations: unreasonable discrimination
168. Implied indemnity in certain schemes and licences
169. The Copyright Tribunal
170. Membership of Tribunal
171. Financial provisions
172. Constitution for purposes of proceedings
173. Jurisdiction of Tribunal
174. General power to make rules
175. Costs, proof of orders, etc.
176. Appeal to court on point of law
177. Qualification for copyright protection
178. Qualification by reference to author
179. Ships, aircraft and hovercraft registered in Hong Kong
180. Denial of copyright protection to people of countries, etc. not
giving adequate protection to Hong Kong works
181. Meaning of first publication and material time
182. Government copyright
183. Copyright in Ordinances
184. Legislative Council copyright
185. Copyright in bills
186. Legislative Council: supplementary provisions with respect to copyright
187. Groundless threat of proceedings in relation to “parallel-imported”
copies of works
188. Copyright vesting in international organizations
189. Folklore, etc.: anonymous unpublished works
190. Protection of Commissioner and authorized officers
191. Transitional provisions and savings
192. Rights and privileges under other enactments or the common law
193. General provisions as to construction
194. Construction of references to copyright owner
195. Meaning of "educational establishment" and related expressions
196. Meaning of "publication" and "commercial publication"
197. Requirement of signature: application in relation to body corporate
198. Minor definitions
199. Index of defined expressions
200. Rights conferred on performers and persons having fixation rights
201. Qualifying performances
202. Consent required for fixation, etc. of unfixed performance
203. Consent required for copying of fixation
204. Consent required for issue of copies to public
205. Consent required for making available of copies to public
206. Infringement of performer's rights by use of fixation made without
consent
207. Infringement of performer's rights by importing, exporting, possessing
or dealing with infringing fixation
207A. Infringement of performers' rights by renting copies to the public
without consent
208. Exclusive fixation contracts and persons having fixation rights
209. Consent required for fixation of performance subject to exclusive
contract
210. Infringement of fixation rights by use of fixation made without
consent
211. Infringement of fixation rights by importing, exporting, possessing or
dealing with infringing fixation
212. Acts permitted notwithstanding rights conferred by this Division
213. Power of Tribunal to give consent on behalf of owner of right of
reproduction in certain cases
213A. Power of Tribunal to give consent on behalf of owners of
performers' rental right in certain cases
214. Duration of rights
215. Performers' economic rights
216. Assignment and licences
217. Prospective ownership of a performer's economic rights
218. Exclusive licences
219. Performer's economic right to pass under will with unpublished
original fixation
220. Infringement actionable by rights owner
221. Provisions as to damages in infringement action
222. Right and remedies for exclusive licensee
223. Exercise of concurrent rights
224. Performers' non-economic rights
225. Transmissibility of rights of person having fixation rights
226. Consent
227. Infringement actionable
228. Order for delivery up
229. Meaning of "infringing fixation"
229A. Imported fixation not an "infringing fixation" for the purposes of
section 229(4)
230. Period after which remedy of delivery up not available
231. Order as to disposal of infringing fixation
232. Jurisdiction of District Court
233. Jurisdiction of Copyright Tribunal
234. Qualifying person
235. Ships, aircraft and hovercraft registered in Hong Kong
236. Denial of protection to people of countries, etc. not giving
adequate protection to Hong Kong performers
237. Transitional provisions and savings
238. Expressions having same meaning as in copyright provisions
239. Index of defined expressions
240. Introductory
241. Criticism, reviews and news reporting
242. Incidental inclusion of performance or fixation
242A. Fair dealing for purposes of giving or receiving instruction
243. Things done for purposes of instruction or examination
244. Playing or showing sound recording, film, broadcast or cable
programme at educational establishment
245. Recording of broadcasts and cable programmes by educational
establishments
246. Copying by librarians or archivists: articles of cultural or
historical importance
246A. Fair dealing for purposes of public administration
246B. Legislative Council
247. Judicial proceedings
248. Statutory inquiries
249. Public records
250. Acts done under statutory authority
251. Transfer of fixations of performances in electronic form
252. Certain copying permitted when performances made available to the
public
253. Use of fixations of spoken words in certain cases
254. Fixations of folksongs
255. Performance, showing or playing of works for purposes of club,
society, etc.
256. Incidental fixation for purposes of broadcast or cable programme
257. Recordings for purposes of supervision and control of broadcasts and
cable programmes
258. Free public showing or playing of broadcast or cable programme
258A. Playing of sound broadcasts inside vehicles
259. Reception and re-transmission of broadcast in cable programme service
260. Provision of sub-titled copies of broadcast or cable programme
261. Recording of broadcast or cable programme for archival purposes
262. Definitions
263. Application for detention order
264. Issuance of detention order
265. Enforcement of detention order
266. Variation or setting aside of detention order
267. Disclosure of information
268. Inspection of articles, release of samples, etc.
269. Costs payable
270. Compensation payable to importer, etc.
271. Rules
272. Protection of Commissioner and authorized officers
272A. Moral rights conferred on certain performers
272B. Right to be identified as performer
272C. Requirement that right under section 272B be asserted
272D. Exceptions to right under section 272B
272E. Right to object to derogatory treatment
272F. Infringing of right under section 272E by possessing or dealing with
infringing articles
272G. Exceptions to right under section 272E
272H. Duration of rights
272I. Consent and waiver of rights
272J. Application of provisions to joint performers
272K. Application of provisions to part of performance
272L. Moral rights not assignable
272M. Transmission of moral rights on death
272N. Remedies for infringement of performers' moral rights
272O. Presumptions relevant to sound recordings in which performances are
fixed
273. Interpretation of sections 273 to 273H
273A. Rights and remedies in respect of circumvention of effective
technological measures
273B. Rights and remedies in respect of devices and services designed to
circumvent effective technological measures
273C. Offences in relation to circumvention of effective technological
measures
273D. Exceptions to section 273A
273E. Exceptions to section 273B
273F. Exceptions to section 273C
273G. Application of sections 273, 273A, 273B, 273D and 273E to
performances
273H. Exceptions to sections 273A, 273B, 273C and 273G
274. Rights and remedies in respect of unlawful acts to interfere with
rights management information
275. Rights and remedies in respect of apparatus, etc. for unauthorized
reception of transmissions
276. Denial of rights under section 275 to people of countries, etc. not
giving adequate protection to Hong Kong broadcasts, cable programmes
and encrypted transmissions
277. Supplementary provisions as to fraudulent reception
278. Commissioner may authorize officers
279. Interpretation
280. (Omitted as spent)
281. Repeals
282. Transitional provisions and savings in relation to amendments effected
by the Copyright (Amendment) Ordinance 2003
283. Transitional provisions and savings in relation to amendments effected
by the Copyright (Amendment) Ordinance 2007
SCHEDULE 1
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SCHEDULE 1ab
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[ Note: This table has been automatically generated and may be incomplete. ]