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