— 10 — E. Electronic copies and s 118(1)(f) E.1 The statutory provisions 32. Three sections of the Ordinance are of particular importance for ascertaining the meaning of the term “copy” as used in section 118(1)(f): Section 23 (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. (2) Copying of a work means reproducing the work in any material form. This includes storing the work in any medium by electronic means. ... (6) Copying in relation to any description of work includes the making of copies which are transient or are incidental to some other use of the work. Section 24 (1) The issue of copies of the work to the public is an act restricted by the copyright in every description of copyright work. ... (4) References in this Part to the issue of copies of a work include the issue of the original and the issues of copies in electronic form. Section 26 (1) The making available of copies of the work to the public is an act restricted by copyright in every description of copyright work. (2) References in this Part to the making available of copies of a work to the public are to the making available of copies of the work, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the work from a place and at a time individually chosen by them (such as the making available of copies of works through the service commonly known as the INTERNET). 33. When these sections speak of “this Part” they speak of Part II of the Ordinance which also encompasses section 118(1)(f). They are supplemented by section 35(2) which defines a copy of a work as an infringing copy “if its making constituted an infringement of the copyright in the work in question”. They are also supplemented by the definitions in section 198, in particular:

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