- 21 A B A 94. By section 22 of the CO, the acts restricted by copyright in a B work include issuing copies of the work to the public and making available C C copies of the work to the public. D D 95. E As set out in section 22(3), references to the doing of an act restricted by the copyright in a work are to the doing of it: F “ G (a) in relation to the work as a whole or any substantial part of it; and (b) either directly or indirectly …” H I “ (1) The making available of copies of the work to the public is an act restricted by copyright in every description of copyright work. J (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).” K L M N K L M Mr Clark relied on section 26(2) of the CO for primary infringement by making copies of the works available over the internet. He submitted that D1 and D2 have been displaying on the internet photographs of their jewellery. R J N 97. Q G Section 26 of the CO provides: I P F H 96. O E O P The photographs are what customers look at on the internet to purchase the defendants’ products. I would observe that on the evidence D1 does not sell its products in shops but only on the Q R internet as the evidence shows. S S T T U U V V