Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 196

Meaning of "publication" and "commercial publication"

(1) In this Part "publication" (發表), in relation to a work, means the
issue or making available of copies of the work to the public; and related
expressions are construed accordingly.

(2) In this Part "commercial publication" (商業發表), in relation to a
literary, dramatic, musical or artistic work means issuing or making available
copies of the work to the public at a time when copies made in advance of the
receipt of orders are generally available to the public, and related
expressions are construed accordingly.

(3) In the case of a work of architecture in the form of a building, or an
artistic work incorporated in a building, construction of the building is
treated as equivalent to publication of the work.

(4) The following do not constitute publication for the purposes of this Part
and references to commercial publication are construed accordingly-

   (a)  in the case of a literary, dramatic or musical work-

        (i)    the performance of the work; or

        (ii)   the broadcasting of the work or its inclusion in a cable 
               programme service;

   (b)  in the case of an artistic work-

        (i)    the exhibition of the work;

        (ii)   the issue or making available to the public of copies of a
               graphic work representing, or of photographs of, a work of
               architecture in the form of a building or a model for a
               building, a sculpture or a work of artistic craftsmanship;

        (iii)  the issue or making available to the public of copies of a film
               including the work; or

        (iv)   the broadcasting of the work or its inclusion in a cable 
               programme service ;

   (c)  in the case of a sound recording or film-

        (i)    the work being played or shown in public; or

        (ii)   the broadcasting of the work or its inclusion in a cable 
               programme service.

(5) References in this Part to publication or commercial  publication do not
include publication which is merely colourable and not intended to satisfy the
reasonable requirements of the public.

(6) No account is taken for the purposes of this section of any unauthorized
act. [ cf. 1988 c. 48 s. 175 U.K.]

"publication" (發表)

"commercial publication" (商業發表)