### Copyright Ordinance 《版權條例》

65A. Temporary reproduction by service providers
(1) The copyright in a work is not infringed by the making and storage of a copy of the work by a service provider if—
(a) the sole purpose of the making and storage is to enable more efficient transmission of the work by the provider through a network;
(b) the making and storage forms an automatic and essential part of a technological process, and that process neither modifies the work, nor interferes with the lawful use of technology to obtain data on the use of the work;
(c) the storage is temporary;
(d) the provider updates the database in which the copy is stored in accordance with reasonable industry practice;
(e) the provider complies with conditions (if any) on access to the work; and
(f) the provider acts promptly to remove the copy or disable access to the copy in the event that either of the following facts comes to the provider’s actual knowledge—
(i) the work has been removed from the original source from which the copy was made;
(ii) access to the work at the original source from which the copy was made has been disabled.
(2) In this section—
hosting (寄存) means providing space on a network server or any electronic retrieval system for storage of information or material at the direction of a user;
information location tools (資料搜尋工具) means tools such as directories, indexes, references, pointers, or hypertext links that link or refer users to an online location;
online service (聯線服務) includes—(a) the transmission, routing, or provision of connections for digital online communications, between or among points specified by a user, of information or material of the user’s choosing;
(b) the hosting of information or material that can be accessed by a user;
(c) the storing of information or material on a system or network that can be accessed by a user;
(d) the linking or referral of users to an online location by the use of information location tools; and
(e) the provision of online social networking services to users;

routing (路由選擇) means directing or choosing the means or routes for the transmission of data;
service provider (服務提供者) means a person who, by means of electronic equipment or a network, or both, provides, or operates facilities for, any online services.
(Added 16 of 2022 s. 47)

### Copyright Ordinance 《版權條例》

66. Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—
(a) it is not possible by reasonable inquiry to ascertain the identity of the author; and
(b) it is reasonable to assume—
(i) that copyright has expired; or
(ii) that the author died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.
(2) Subsection (1)(b)(ii) does not apply in relation to—
(a) a work in which Government copyright subsists; or
(b) a work in which copyright originally vested in an international organization by virtue of section 188 and in respect of which a regulation under that section specifies a copyright period longer than 50 years.
(3) In relation to a work of joint authorship—
(a) the reference in subsection (1) to its being not possible to ascertain the identity of the author is to be construed as a reference to its being not possible to ascertain the identity of all of the authors; and
(b) the reference in subsection (1)(b)(ii) to the author having died is to be construed as a reference to all the authors having died.
[cf. 1988 c. 48 s. 57 U.K.]

67. Use of notes or recordings of spoken words in certain cases
(1) Where a record of spoken words is made, in writing or otherwise, for the purpose of—
(a) reporting current events; or
(b) communicating the whole or part of the work to the public, (Replaced 16 of 2022 s. 48)
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, if the conditions in subsection (2) are met.
(2) The conditions are that—
(a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or cable programme;
(b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
(c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
(d) the use is by or with the authority of a person who is lawfully in possession of the record.
[cf. 1988 c. 48 s. 58 U.K.]

### Copyright Ordinance 《版權條例》

68. Public reading or recitation
(1) The reading or recitation in public by one person of a reasonable extract from a published literary or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient acknowledgement.
(2) Copyright in a work is not infringed by the making of a sound recording, or the communication to the public, of a reading or recitation which by virtue of subsection (1) does not infringe copyright in the work, if the recording or communication consists mainly of material in relation to which it is not necessary to rely on that subsection. (Amended 16 of 2022 s. 49)
[cf. 1988 c. 48 s. 59 U.K.]

69. Abstracts of scientific or technical articles
(1) Where an article on a scientific or technical subject is published in a periodical accompanied by an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in the article, to copy the abstract, communicate the abstract to the public or issue copies of the abstract to the public. (Amended 16 of 2022 s. 50) [cf. 1988 c. 48 s. 60(1) U.K.]
(2) This section does not apply if, or to the extent that, licences under licensing schemes are available authorizing the act in question and the person so acting knew or ought to have been aware of that fact.