COPYRIGHT ORDINANCE PART II—DIVISION III Section 40D 2-98 Cap. 528 (a) the specified body may possess the intermediate copy only for the purpose of the production of further accessible copies; and (b) the specified body must destroy the intermediate copy within 3 months after it is no longer required for that purpose. (2) An intermediate copy possessed otherwise than in accordance with subsection (1) is to be treated as an infringing copy. (3) A specified body may lend or transfer an intermediate copy possessed under subsection (1) to another specified body which is also entitled to make accessible copies of the relevant copyright work under section 40C. (4) The specified body must— (a) within a reasonable time before lending or transferring the intermediate copy, notify the relevant copyright owner of its intention to lend or transfer the intermediate copy; or (b) within a reasonable time after lending or transferring the intermediate copy, notify the relevant copyright owner of the fact that it has lent or transferred the intermediate copy. (5) The requirement under subsection (4) does not apply if the specified body cannot, after making reasonable enquiries, ascertain the identity and contact details of the relevant copyright owner. (6) If the specified body charges for lending or transferring an intermediate copy under this section, the sum charged must not exceed the cost incurred in lending or transferring the copy. (7) Where an intermediate copy which apart from this section would be an infringing copy is possessed, lent or transferred Last updated date 3.3.2014

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