Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 40D

Intermediate copies

(1) A specified body entitled to make accessible copies of a master  copy
under section 40C may possess an intermediate copy of the master copy which is
necessarily created during the production of the accessible copies, but-

   (a)  the specified body may possess the intermediate copy only for the
        purpose of the production of further accessible copies; and

   (b)  the specified body must destroy the intermediate copy within 3 months
        after it is no longer required for that purpose.

(2) An intermediate copy possessed otherwise than in accordance with
subsection (1) is to be treated as an infringing copy.

(3) A specified body may lend or transfer an intermediate copy possessed under
subsection (1) to another specified body which is also entitled to make
accessible copies of the relevant copyright work under section 40C.

(4) The specified body must-

   (a)  within a reasonable time before lending or transferring the
        intermediate copy, notify the relevant copyright owner of its
        intention to lend or transfer the intermediate copy; or

   (b)  within a reasonable time after lending or transferring the
        intermediate copy, notify the relevant copyright owner of the fact
        that it has lent or transferred the intermediate copy.

(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 lending or transferring an intermediate
copy under this section, the sum charged must not exceed the cost incurred in
lending or transferring the copy.

(7) Where an intermediate copy which apart from this section would be an
infringing copy is possessed, lent or transferred 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)