Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 273

Devices designed to circumvent copy-protection

Caution: This is a past version. See the current version here.

PART IV

TECHNOLOGICAL MEASURES AND GENERAL

Devices designed to circumvent copy-protection

(1) This section applies where-

   (a)  copies of a copyright work are issued or made available to the public;
        or

   (b)  an unfixed performance is made available to the public or copies of a
        fixation of a performance are issued or made available to the public,
        by or with the licence of the copyright owner, the performer or the
        person  having fixation rights in relation to the performance, as may
        be appropriate, in any form which is copy-protected.

(2) The person issuing or making available the copies or the unfixed
performance to the public has the same rights and remedies against a person
who, knowing or having reason to believe that it will be used to make
infringing copies or infringing fixations-

   (a)  makes, imports, exports, sells or lets for hire, offers or exposes for
        sale or hire, advertises for sale or hire, or possesses for the
        purpose of trade or business, any device or means specifically
        designed or adapted to circumvent the form of copy-protection
        employed; or

   (b)  publishes information intended to enable or assist persons to
        circumvent that form of copy-protection, as a copyright owner has in
        respect of an infringement of copyright.

(3) Further, the person issuing or making available the copies or the unfixed
performance to the public has the same rights and remedies under section 109
(delivery up) in relation to any such device or means which a person has in
his possession, custody or control with the intention that it should be used
to make infringing copies of copyright  works or infringing fixations of
performances, as a copyright owner has in relation to an infringing copy.

(4) References in this section to copy-protection include any device or means
specifically intended to prevent or restrict copying of a work or fixation of
a performance or to impair the quality of copies or fixations made.

(5) Sections 115 to 117 (presumptions as to certain matters relating to
copyright) apply in relation to proceedings under this section as they do in
relation to proceedings under Part II (copyright), and section 111 applies,
with the necessary modifications, in relation to the disposal of anything
delivered up by virtue of subsection (3). <* Note - 
 Exp. X-Ref.: Sections 115, 116, 117
*> [ cf. 1988 c. 48 s. 296 U.K.]