- 23 A
A
this case is that a photograph of the defendant’s watch, which has
some dissimilarities to the plaintiff’s watch, might be alleged to
be a reproduction of the artist’s drawing from which the
plaintiff’s watch was said to have been made. But that is the
limit of the matter.”
B
C
D
Both Le Pichon JA and I agreed with the judgment of
E
Rogers VP.
F
F
102.
G
H
I
Mr Clark also relied on section 23 of the CO for primary
infringement for copying the works by reproduction of photographs on
websites.
103.
J
G
H
Section 23 provides:
“23.
Infringement of copyright by copying
(1) The copying of the work is an act restricted by the
copyright in every description of copyright work; and references
in this Part to copying and copies are construed as follows.
K
L
I
J
K
L
(2) Copying of a work means reproducing the work in any
material form. This includes storing the work in any medium
by electronic means.
M
(3) In relation to an artistic work copying includes the
making of a copy in 3 dimensions of a 2-dimensional work and
the making of a copy in 2 dimensions of a 3-dimensional work.”
N
O
P
C
D
101.
E
B
M
N
O
104.
As Rogers VP said in Golden Bright Manufacturer Ltd v
P
Sunlight Electronic Toys Manufacturing Co Ltd [2008] 2 HKLRD 106 at
Q
R
S
Q
para 25:
“… Although a photograph [of a product] would constitute a copy
for purposes of infringement that arises from the provisions of
s.23 of the Ordinance which relate to infringement.”
R
S
T
T
U
U
V
V
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