Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 64

Transfers of copies of works in electronic form

Works in electronic form

(1) This section applies where a copy of a work in electronic form

(other than such a copy which was made available to the public) has been
purchased on terms which, expressly or impliedly or by virtue of any rule of
law, allow the purchaser to copy the work, or to adapt it or make copies of an
adaptation, in connection with his use of it.

(2) If there are no express terms-

   (a)  prohibiting the transfer of the copy by the purchaser, imposing
        obligations which continue after a transfer, prohibiting the
        assignment of any licence or terminating any licence on a transfer; or

   (b)  providing for the terms on which a transferee may do the things which
        the purchaser was permitted to do, anything which the purchaser was
        allowed to do may also be done without infringement of copyright by a
        transferee; but any copy, adaptation or copy of an adaptation made by
        the purchaser which is not also transferred is to be treated as an
        infringing copy for all purposes after the transfer.

(3) Subsection (2) also applies where the original purchased copy is no longer
usable and what is transferred is a further copy used in its place.

(4) The above provisions also apply on a subsequent transfer, with the
substitution for references in subsection (2) to the purchaser of references
to the subsequent transferor. [ cf. 1988 c. 48 s. 56 U.K.]