Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 40C

Making multiple accessible copies by specified bodies for persons with a print disability

(1) If-

   (a)  a specified body possesses a copy of the whole or part of a
        commercial publication of a literary, dramatic, musical or
        artistic work

        (referred to in this section as "master copy"); and


   (b)  the master copy is not accessible to persons with a print  disability,
        it is not an infringement of copyright in the work or, in the case of
        a published edition, in the typographical arrangement, for the
        specified  body to make for those persons or supply to those persons
        accessible copies of the master copy for their personal use.

(2) Subsection (1) does not apply-

   (a)  if the master copy is an infringing copy;

   (b)  if the master copy is of a musical work or part of a musical  work,
        and the making of an accessible copy would involve recording a
        performance of the work or part of the work; or

   (c)  if the master copy is of a dramatic work or part of a dramatic  work,
        and the making of an accessible copy would involve recording a
        performance of the work or part of the work.

(3) Subsection (1) does not apply unless, at the time when the accessible
copies are made, the specified body is satisfied, after making reasonable
enquiries, that copies of the relevant copyright work in a form that is
accessible to a person with a print disability cannot be obtained at a
reasonable commercial price.

(4) The specified body must-

   (a)  within a reasonable time before making or supplying the accessible
        copies, notify the relevant copyright owner of its intention to make
        or supply the accessible copies; or

   (b)  within a reasonable time after making or supplying the accessible
        copies, notify the relevant copyright owner of the fact that it has
        made or supplied the accessible copies.

(5) The requirement under subsection (4) does not apply if the specified body
cannot, after making reasonable enquiries, ascertain the identity and contact
details of the relevant copyright owner.

(6) If the specified body charges for making and supplying an accessible copy
under this section, the sum charged must not exceed the cost incurred in
making and supplying the copy.

(7) Where an accessible copy which apart from this section would be an
infringing copy is made or supplied in accordance with this section but is
subsequently dealt with, it is to be treated as an infringing copy-

   (a)  for the purpose of that dealing; and

   (b)  if that dealing infringes copyright, for all subsequent purposes.

(8) In subsection (7), "dealt with" (被用以進行交易) means sold, let
for hire, or offered or exposed for sale or hire. (Added 15 of 2007 s. 13)

"dealt with" (被用以進行交易)