Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 77

Incidental recording for purposes of broadcast or cable programme

Miscellaneous: Broadcasts and cable programmes

(1) This section applies where by virtue of a licence or assignment of
copyright a person is authorized to broadcast or include in a cable 
programme service-

   (a)  a literary, dramatic or musical work, or an adaptation of such a work;

   (b)  an artistic work; or

   (c)  a sound recording or film.

(2) He is by virtue of this section to be treated as licensed by the owner of
the copyright in the work to do or authorize any of the following for the
purposes of the broadcast or cable programme-

   (a)  in the case of a literary, dramatic or musical work, or an adaptation
        of such a work, to make a sound recording or film of the work or
        adaptation;

   (b)  in the case of an artistic work, to take a photograph or make a film
        of the work;

   (c)  in the case of a sound recording or film, to make a copy of it.

(3) That licence is subject to the condition that the sound  recording, film,
photograph or copy in question-

   (a)  must not be used for any other purposes;

   (b)  must be destroyed within 3 months of being first used for broadcasting
        the work or, as the case may be, including it in a cable 
        programme service.

(4) A sound recording, film, photograph or copy made in accordance with this
section is treated as an infringing copy-

   (a)  for the purposes of any use in breach of the condition mentioned in
        subsection (3)(a); and

   (b)  for all purposes after that condition or the condition mentioned in
        subsection (3)(b) is broken. [ cf. 1988 c. 48 s. 68 U.K.]