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