Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 46

Libraries and archives: introductory

Caution: This is a past version. See the current version here.

Libraries and archives

(1) The Secretary for Trade and Industry may-

   (a)  by regulations prescribe conditions; and

   (b)  by notice in the Gazette specify libraries or archives, for the
        purposes of any provision in sections 47 to 53 (copying by librarians
        and archivists). <* Note - Exp. X-Ref.: Sections 47, 48, 49, 
 50, 51, 52, 53 *>

(2) In sections 47 to 53- <* Note - Exp. X-Ref.: Sections 47, 48, 
 49, 50, 51, 52, 53 *>

   (a)  references in any provision to the prescribed conditions are to the
        conditions prescribed for the purposes of that provision under
        subsection (1)(a); and

   (b)  references in any provision to a specified library or archive are to a
        library or archive of a description specified for the purposes of that
        provision under subsection (1)(b).

(3) The regulations may-

   (a)  provide that, where a librarian or archivist is required to be
        satisfied as to any matter before making or supplying a copy of a
        work-

        (i)    he may rely on a signed declaration as to that matter by the
               person requesting the copy, unless he is aware that it is false
               in a material particular; and

        (ii)   in such cases as may be prescribed, he shall not make or supply
               a copy in the absence of a signed declaration in such form as
               may be prescribed;

   (b)  make different provisions for different descriptions of libraries or
        archives and for different purposes.

(4) Where a person requesting a copy makes a declaration which is false in a
material particular and is supplied with a copy which would have been an
infringing copy if made by him-

   (a)  he is liable for infringement of copyright as if he had made the copy
        himself; and

   (b)  the copy is treated as an infringing copy.

(5) References in this section, and in sections 47 to 53, to the librarian or
archivist include a person acting on his behalf. <* Note - 
 Exp. X-Ref.: Sections 47,
48, 49, 50, 51, 52, 53 *> [ cf. 1988 c. 48 s. 37 U.K.]