Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 37

Introductory provisions

DIVISION III

ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS

Introductory

(1) The provisions of this Division specify acts which may be done in relation
to copyright works notwithstanding the subsistence of copyright; they relate
only to the question of infringement of copyright and do not affect any other
right or obligation restricting the doing of any of the specified acts.

(2) Where it is provided by this Division that an act does not infringe
copyright, or may be done without infringing copyright, and no particular
description of copyright work is mentioned, the act in question does not
infringe the copyright in a work of any description.

(3) In determining whether an act specified in this Division may be done in
relation to a copyright work notwithstanding the subsistence of copyright, the
primary consideration is that the act does not conflict with a normal
exploitation of the work by the copyright owner and does not unreasonably
prejudice the legitimate interests of the copyright owner.

(4) No inference is to be drawn from the description of any act which may by
virtue of this Division be done without infringing copyright as to the scope
of the acts restricted by the copyright in any description of work.

(5) The provisions of this Division are to be construed independently of each
other, so that the fact that an act does not fall within one provision does
not mean that it is not covered by another provision. [ cf. 1988 c. 48 s. 28
U.K.]