— 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:
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières