Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 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-

   (a)  a copy of a computer program; or

   (b)  except as provided in subsection (3) or (4), a copy of a work other
        than a computer program, which copy is embodied in an article that
        also embodies a copy of a computer program, 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)-

   (a)  that is a copy of the whole or substantially the whole of a movie or a
        television drama; or

   (b)  that is a copy of a part of a movie or a television drama if-

        (i)    all those parts of the movie or television drama copies of
               which are embodied in the article together constitute the whole
               or substantially the whole of the movie or television drama; or

        (ii)   the viewing time of all those parts of the movie or television 
               drama copies of which are embodied in the article is, in the
               case of a movie, more than 15 minutes in aggregate or, in the
               case of a television  drama, more than 10 minutes in aggregate,
               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-

   (a)  a copy of a movie or a television drama (other than a copy to which
        subsection (3) applies);

   (b)  a copy of a musical sound recording or a musical visual  recording; or

   (c)  a copy that forms part of an e-book,

        (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-

   (a)  viewing or listening to a specified copy of a work that is embodied in
        the article (or, where that work is in encrypted form, a means of
        decrypting it so as to enable such viewing or listening); or

   (b)  searching for any specific part of a specified copy of a work that is
        embodied in the article, shall be regarded as part of the
        specified copy of a work.

(6) In this section, "e-book" (電子書) means a combination of copies of
works embodied in a single article and comprising-

   (a)  one or more copies of each of-

        (i)    a computer program; and

        (ii)   a literary work (other than a computer program), a dramatic
work, a musical work or an artistic work ("main work"),
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. (Added 27 of 2003 s. 3)

"e-book" (電子書)