COPYRIGHT ORDINANCE PART II—DIVISION II 2-76 Section 36 Cap. 528 (iii) a television drama; or (iv) a movie; and (b) that is, or is intended to be, played or shown in public. (3) Notwithstanding the exception in subsection (2), subsection (1) applies to a copy of a work that is referred to in subsection (2)(a) and that is, or is intended to be, played or shown in public— (a) by an educational establishment for the educational purposes of the establishment; or (b) by a specified library for use of the library. (4) For the purposes of subsection (3)(b), a library is regarded as a specified library if it falls within the description of any library specified under section 46(1)(b). (5) Where a copy of a work is not an infringing copy by virtue of subsection (1) but is subsequently dealt in for the purpose of or in the course of any trade or business— (a) if that dealing takes place within the period of 15 months referred to in section 35(4)(b), it is, for the purposes of sections 118 to 133 (criminal provisions), to be treated, in relation to that dealing and the person who deals in it, as an infringing copy; and (b) irrespective of the time at which that dealing takes place, it is, for the purposes of any provision of this Ordinance except sections 118 to 133, to be treated, in relation to that dealing and the person who deals in it, as an infringing copy. (6) In this section, “deal in” (經銷) means sell, let for hire, offer or expose for sale or hire, or distribute for profit or reward. (Added 15 of 2007 s. 10) Defences Last updated date 3.3.2014

Select target paragraph3