2007
COPYRIGHT (AMEl\1JlMENT) ORDINANCE 2007
CONTENTS
Section
PART 1
PRELIMINARY - Short title .
- Commencement
PART 2
AMENDMENTS TO COPYRIGHT ORDINANCE - Long title amended .
- Duration of copyright in literary, dramatic, musical or artistic works
- The acts restricted by copyright in a work .
- Infringement by rental of work to the public .
- Secondary infringement: possessing or dealing with infringing copy ~ .
- Secondary infringement: providing means for making infringing copies .
9.M . f "infrinngmg copy
eamng o " . lO. Section added 35B. Imported copy not an "infringing copy" for the purposes of section 35(3) . - Defences for the purposes of sections 30 and 31 .
- Research and private study .
- Sections added
Persons with a print disability
40A. Definitions for sections 40A to 40F .
Section
40B. Making a single accessib1e 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 . - Section added
- 41A. Fair dealing for purposes of grving or recervmg instruction .
- Performing, playing or showing work in course of activities of educational establishments .
- Reprographic copying made by educational establishments of passages from published works .
- Sections added 54A. Fair dealing for purposes of public administration . 54B. Legislative Council .
- Legislative Council and judicial proceedings .
- Use oftypeface in ordinary course ofprinting .
- Advertisement of sale of artistic work .
- Section added
81A. Playing of sound broadcasts inside vehicles
- Right to be identified as author or director .
- Requirement that right be asserted .
- Exceptions to right .
- Right to object to derogatory treatment of work .
- Infringement of right by possessing or dealing with infringing article .
- False attribution of work .
- Application of provisions to joint works .
Section - Transmission of moral rights on death .
- Order for delivery up ..
- Criminal liability for making or dealing with infringing articles, etc. . .
- Penalties for offences under section 118 . .
- Section added
- 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. . .
- Making infringing copies outside Hong Kong, etc .
- Time limit for prosecutions .
- Affidavit evidence .
- Seized articles, etc. liable to forfeiture .
- Disposal of articles, etc. where a person is charged .
- Determination of application for forfeiture .
- Licensing schemes to which sections 155 to 160 apply .
- Licences to which sections 162 to 166 app1y .
- Constitution for purposes of proceedings .
- Ground1ess threat of proceedings in relation to parallel import .
- FolkIore, etc.: anonymous unpubIished works .
- Meaning of "publication" and "commerciaI publication" .
- Requirement of signature: application in relation to body corporate .
- Minor definitions .
- Index of defined expressions .
- Rights conferred on performers and persons having fixation rights .
Section - Infringement of performer's rights by importing, exporting, possessing or dealing with infringing fixation .
- Section added
- 207A. Infringement of performers' rights by renting eopies to the publie without eonsent .
- Infringement of fixation rights by importing, exporting, possessing or dealing with infringing fixation .
- Seetion added
- 213A. Power of Tribunal to give eonsent on behalf of owners of performers' rental right in certain eases
- Performers' economie rights .
- Order for delivery up . . f ". fri . fi ."
- Meanmg o In flngIng txation .
- Section added
229A. Imported fixation not an "infringing fixation" for the purposes of section 229(4) . - Jurisdiction of Copyright Tribunal .
- Expressions having same meaning as in copyright provisions
- Index of defined expressions .
- Section added
242A. Fair dealing for purposes of givmg or recervmg instruction . - Playing or showing sound recording, film, broadcast or cable programme at educational establishment .
- Sections added 246A. Fair dealing for purposes of public administration . 246B. Legislative Council .
- Legislative Council and judicial proceedings
0.0 ••
Section - Section added 258A. PIaying of sound broadcasts inside vehicles
- Part UlA added
PART UlA
PERFORMERS' MORAL RIGHTS
Introductory
272A. Mora! rights conferred on certain performers .
Right to be identified as performer 272B. Right to be identified as performer | . |
272C. Requirement | that | right | under section | 272B be |
asserted | | | | . |
272D. Exceptions to right under section 272B .
Right to object to derogatory treatment
272E. Right to object to derogatory treatment .
272F. lnfringing of right under section 272E by possessing or dealing with infringing articles . 272G. Exceptions to right under section 272E .
Supplementary
272H. Duration of rights , 2721. Consent and waiver of rights .. 272J. Application of provisions to joint performers . 272K. Application of provisions to part of performance .. 272L. MoraI rights not assignabIe . 272M. Transmission of moraI rights on death .
Section
272N. Remedies for infringement of performers' moral rights .
2720. Presumptions relevant to sound recordings in which performances are fixed .
67. Cross-heading substituted Circumvention of effective technological measures .
68. Section substituted
273. Interpretation of sections 273 to 273H .
69. Sections added 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 - Rights and remedies in respect of unlawful acts to interfere with rights management information .
- Transitional provisions and savings .
- Section added
- 283. Transitional provisions and savrngs m relation to amendments effected by the Copyright (Amendment) Ordinance 2007 .
- Educational establishments .
Section
74. Schedule lA added Schedule lA | Bodies | and | | authorities | specified | far |
| purposes | of | definition | of | "specified |
| | course of stud | y" | | | . |
75. | Schedule 7 added | | | | | | |
Schedule 7 Transitional provisions and savmgs In relation to amendments effected by the Copyright (Amendment) Ordinance 2007 (15 of 2007) .. .
PART 3
MISCELLANEOUS
Copyright (Suspension of Amendments) Ordinance 2001
76. Repeal .
Organized and Serious Crimes Ordinance
77. Offences relevant to defrnitions of "organized crime" and "specified offence" .
Prevention of Copyright Piracy Ordinance
78. Time limit for prosecutions .
COPYRIGHT (AMENDMENT) ORDINANCE Ord. No. 15 of 2007 HONG KONG SPECIAL ADMIl\TJSTRATIVE REGION
ORDINANCE No. 15 OF 2007
Donald TSANG
Chief Executive 5 July 2007
An Ordinance to amend the Copyright Ordinance to make provisions or further provisions for - (a)
- the acts which may be done in relation to works or performances notwithstanding the copyright in the works or the rights in the performances;
- (b)
- the rental right of copyright owners and performers;
- (c)
- the moral rights of performers;
- (d)
- the infringement of copyright in works or rights ID performances;
- (e)
- the technological measures which are used for the protection of copyright in works or rights in performances; and
Cf) miscellaneous and transitional matters, to repeal the Copyright (Suspension of Amendments) Ordinance 2001, and to make provisions for related matters.
[6 July 2007]
Enacted by the Legislative Council.
PART 1
PRELIMINARY
1. Short title
This Ordinance may be cited as the Copyright (Amendment) Ordinance 2007.
2. Commencement - (1)
- Subject to subsection (2), this Ordinance shall come into operation on the day on which it is published in the Gazette.
- (2)
- The following sections shall come into operation on a day to be appointed by the Secretary for Commerce and Economie Development by notice publishèd in the Gazette
- (j)
- section 49;
- (k)
- section 51;
- (l)
- section 53;
- (m)
- section 54;
- (n)
- section 58;
- (o)
- section 60;
- (p)
- section 66;
- (q)
- section 67; (1') section 68;
- (s)
- section 69;
- (t)
- section 70; and
- (u)
- section 75 (insofar as Schedule 7).
(a) | section 6(1) (insofar as it relates to the new section 25(1)(c), (d), |
| (e) and (f)), (2) and (4); |
(b) | section 31(5); |
(c) | section 33; |
(d) | section 36(7); |
(e) | section 36(8), (9), (lO) and (12) (insofar as it relates to the new |
| section 121(2D)); |
Cf) | section 37; |
(g) | section 38; |
(h) | section 39; |
Ci) | section 47(2) (insofar as it relates to paragraphs (c), (d), (e) and |
| Cf) of the new definition of "rental right" in section 198(1)); |
it relates to Parts 3 and 4 of the new
PART 2
AMENDMENTS TO COPYRIGHT ORDINANCE
3. Long title amended
The long title to the Copyright Ordinance (Cap. 528) is amended by repealing everything after "An Ordinance to" and substituting "make provisions in respect of copyright and related rights and for connected purposes.
4. Duration of copyright in literary, dramatic,
musical or artistic works
Section 17(5)(b)(i) is amended, in the Chìnese text, by repealing "~Jl" and substituting "~fU".
5. The acts restricted by copyright in
a work
Section 22(1)(c) is repealed and the following substituted
"(c) to rent copies of the work to the public (see section 25);".
6. Infringement by rental of work to
the public
(1) Section 25(1) is repealed and the fol1owing substituted
"(1) The rental of copies of any of the following works to the public is an act restricted by the copyright in the work - (a)
- a computer program;
- (b)
- a sound recording;
- (c)
- a film;
- (d)
- a literary, dramatic or musical work included in a sound recording;
- (e)
- a literary or artistic work included in a comic book; or
- (j)
- the typographical arrangement of a published edition of a comic book.".
- (2)
- Section 25(3) is amended by repealing "The" and substituting "Subject to subsection (3A), the".
- (3)
- Section 25(3)(b) is amended,