Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 81

Free public showing or playing of broadcast or cable programme

(1) The showing or playing in public of a broadcast or cable  programme (other
than an encrypted broadcast or cable programme) to an audience who have not
paid for admission to the place where the broadcast or programme is to be seen
or heard does not infringe any copyright in-

   (a)  the broadcast or cable programme; or

   (b)  any sound recording or film included in it.

(2) The audience are treated as having paid for admission to a place-

   (a)  if they have paid for admission to a place of which that place forms
        part; or

   (b)  if goods or services are supplied at that place (or a place of which
        it forms part)-

        (i)    at prices which are substantially attributable to the
               facilities afforded for seeing or hearing the broadcast or
               programme; or

        (ii)   at prices exceeding those usually charged there and which are
               partly attributable to those facilities.

(3) The following are not regarded as having paid for admission to a place-

   (a)  persons admitted as residents or inmates of the place which is
        operated by a charitable organization and the facilities therein are
        not provided for profit;

   (b)  persons admitted as members of a club or society whose main objects
        are charitable or are otherwise concerned with the advancement of
        religion, education or social welfare and where the payment is only
        for membership of the club or society and the provision of facilities
        for seeing or hearing broadcasts or programmes is only incidental to
        the main purposes of the club or society.

(4) Where the making of the broadcast or inclusion of the programme in a
cable programme service was an infringement of the copyright in a
sound recording or film, the fact that it was heard or seen in public by the
reception of the broadcast or programme is to be taken into account in
assessing the damages for that infringement. [ cf. 1988 c. 48 s. 72 U.K.]