- 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