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COPYRIGHT (AMENDMENT) ORDINANCE Ord. No. 27 of 2003 Al109 HONG KONG SPECIAL ADMINISTRATIVE REGION
ORDINANCE No. 27 OF 2003
TUNG Chee-hwa Chief Executive 10 July 2003
An Ordinance to amend the Copyright Ordinance.
[ ]
Enacted by the Legislative Council.
1. Short title and commencement
2. Meaning of "infringing copy"
,
(3) Section 35(9) is repealed.
3. Section added The following is added immediately after section 35
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"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)
(1) 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.
(2) Subsection (1) applies to
that, but for subsection (1), would be an infringing copy for the purposes of section 35(3).
(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.
(4) Subsection (1) does not apply to any copy of a work described in subsection (2)(b) that is
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(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.
(5) 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
that is embodied in the article,
shall be regarded as part of the specified copy of a work.
(6) In this section, "e-book" (T.) means a combination of copies of works embodied in a single article and comprising
(a) one or more copies of each of
so arranged as to provide for the copy of the main work to be presented in the form of an electronic version of a book, magazine or periodical; and
(b) where a main work is accompanied for illustrative purposes by any copy or copies of films or sound recordings, that copy or those copies.
(7) 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.".
4. Section added
The following is added immediately after section 118
"118A. Application of sections 60 and 61 to
offences under section 118(1)
For the purpose of any proceedings for an offence under section
118(1)
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5. Minor definitions
(1) Section 198(1) is amended by adding""movie" () means a film of the kind commonly known as a movie;
"musical sound recording" (if.if#.le) means a sound recording the whole or a predominant part of which consists of the whole or any part of a musical work or a musical work and a related literary work;
"musical visual recording" (if m 1* #.le ) means a film with an accompanying sound-track, the whole or a predominant part of which sound-track consists of the whole or any part of a musical work or a musical work and a related literary work;
"television drama" (m'Um ) means a film of the kind commonly known as a television drama;".
(2) Section 198 is amended by adding
"(3) For the purposes of this Part, "lawfully made" (irm:!:illfF), in relation to a copy of a work, does not include a copy that was made in a country, territory or area where there is no law protecting copyright in the work or where the copyright in the work has expired.".
6. Index of defined expressions
Section 199 is amended, in the Table, by adding
"lawfully made section 198(3)
mOVIe section 198(1)
musical sound recording section 198(1)
musical visual recording section 198(1)
television drama section 198(1)".
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7. Meaning of "infringing fixation"
Section 229(5)(a) is amended by repealing everything from ";fffF" to ":J:tg jJ:f!" and substituting ";fffF'"tl¥Jm;ffWl , :i:-t!!.!@::�xJ�jJ ".
8. Section added
The following is added
"282. Transitional provisions and savings
Schedule 6 contains transitional provisions and savings in relation to certain amendments made to this Ordinance.".
9. Schedule 6 added
The following is added
"SCHEDULE 6 [so 282]
TRANSITIONAL PROVISIONS AND SAVINGS
Transitional provisions and savings in
relation to amendments effected by
the Copyright (Amendment)
Ordinance 2003
(27 of 2003)
1. Interpretation
(1) In this Schedule, unless the context otherwise requires"amendment Ordinance of 2003" ({2003 6:f1nf11tl}) means the Copyright (Amendment) Ordinance 2003 (27 of 2003);
"Suspension Ordinance" ({tf1¥111tl}) means the Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568).
(2) In this Schedule, a reference to this Ordinance as it applied immediately before the commencement of the amendment Ordinance of 2003 is a reference to this Ordinance as read together with the Suspension Ordinance, as those Ordinances applied immediately before that commencement.
2. Application of section 35A of this
Ordinance to previously
imported copies
(1) This section applies to a copy of a work that is an infringing copy for the purposes of section 35(3) of this Ordinance as it applied immediately before the commencement of the amendment Ordinance of 2003, and is such an infringing copy by virtue only of an importation or proposed importation into Hong Kong that occurred before that commencement.
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3. Exemption from criminal liability
previously incurred in respect of
"parallel-imported" copies of
works to which section 35A
of this Ordinance applies
4. Exemption from criminal liability
previously incurred in respect of
a back-up copy of, or necessary
copying or adapting of, a copy
of a work to which
section 35A of this
Ordinance applies