Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 34

Secondary infringement: provision of apparatus for infringing performance, etc.

(1) Where copyright in a work is infringed by a public performance of the
work, or by the playing or showing of the work in public, by means of
apparatus for-

   (a)  playing sound recordings;

   (b)  showing films; or

   (c)  receiving visual images or sounds transmitted by electronic means, the
        persons specified in subsections (2) to (4) are also liable for the
        infringement.

(2) A person who supplied the apparatus, or any substantial part of it, is
liable for the infringement if when he supplied the apparatus or part-

   (a)  he knew or had reason to believe that the apparatus was likely to be
        so used as to infringe copyright; or

   (b)  in the case of apparatus whose normal use involves a public
        performance, playing or showing, he did not believe on reasonable
        grounds that it would not be so used as to infringe copyright.

(3) An occupier of premises who gave permission for the apparatus to be
brought onto the premises is liable for the infringement if when he gave
permission he knew or had reason to believe that the apparatus was likely to
be so used as to infringe copyright.

(4) A person who supplied a copy of a sound recording or film used to infringe
copyright is liable for the infringement if when he supplied it he knew or had
reason to believe that what he supplied, or a copy made directly or indirectly
from it, was likely to be so used as to infringe copyright. [ cf. 1988 c. 48
s. 26 U.K.]