Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 52

Copying by librarians or archivists: certain unpublished works

(1) The librarian or archivist of a specified library or archive may, if the
prescribed conditions are complied with, make and supply a copy of the whole
or part of-

   (a)  a literary, dramatic or musical work from a document (including a
        document in electronic form); or

   (b)  a sound recording or film, in the library or archive without
        infringing any copyright in the work or any illustrations accompanying
        it or in the sound recording or film.

(2) This section does not apply if-

   (a)  the work had been published before it was deposited in the library or
        archive; or

   (b)  the copyright owner has prohibited copying of the work, and at the
        time the copy is made the librarian or archivist making it is, or
        ought to be, aware of that fact.

(3) The prescribed conditions must include the following-

   (a)  that copies are supplied only to persons satisfying the librarian or
        archivist that they require them for purposes of research or private
        study and will not use them for any other purpose;

   (b)  that no person is furnished with more than one copy of the same
        material; and

   (c)  that persons to whom copies are supplied are required to pay for them
        a sum not less than the cost (including a contribution to the general
        expenses of the library or archive) attributable to their production.
        [ cf. 1988 c. 48 s. 43 U.K.]