### Copyright Ordinance 《版權條例》

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.
(2) Copying of a work means reproducing the work in any material form. This includes storing the work in any medium by electronic means.
(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.
(4) Copying in relation to a film, television broadcast or cable programme includes making a photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable programme.
(5) Copying in relation to the typographical arrangement of a published edition means making a facsimile copy of the arrangement.
(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.
[cf. 1988 c. 48 s. 17 U.K.]

24. Infringement by issue of copies to the public
(1) The issue of copies of the work to the public is an act restricted by the copyright in every description of copyright work.
(2) References in this Part to the issue of copies of a work to the public are to the act of putting into circulation copies not previously put into circulation, in Hong Kong or elsewhere, by or with the consent of the copyright owner.
(3) References in this Part to the issue of copies of a work to the public do not include—
(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 25: infringement by rental); or
(b) any subsequent importation of those copies into Hong Kong.
(4) References in this Part to the issue of copies of a work include the issue of the original and the issue of copies in electronic form. (Amended E.R. 2 of 2019)
[cf. 1988 c. 48 s. 18 U.K.]

### Copyright Ordinance 《版權條例》

25. Infringement by rental of work to the public
(1) The rental of copies of any of the following works to the public is an act restricted by the copyright in the work—
(a) a computer program;
(b) a sound recording;
(c) a film;
(d) a literary, dramatic or musical work included in a sound recording. (Replaced 15 of 2007 s. 6. Amended 16 of 2022 s. 11)
(2) In this Part, subject to the following provisions of this section, rental (租賃) means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage.
(3)  The expression rental (租賃) does not include—
(a) making available for the purpose of public performance, playing or showing in public or communicating to the public; (Amended 16 of 2022 s. 11)
(b) making available for the purpose of exhibition in public; or
(c) making available for on-the-spot reference use.

(4) References in this Part to the rental of copies of a work include the rental of the original.
[cf. 1988 c. 48 s. 18A U.K.]

27. Infringement by performance, playing or showing of work in public
(1) The performance of the work in public is an act restricted by the copyright in a literary, dramatic or musical work.
(2) In this Part performance (表演), in relation to a work—
(a) includes delivery in the case of lectures, addresses, speeches and sermons; and
(b) in general, includes any mode of visual or acoustic presentation, including presentation by means of a sound recording, film, broadcast or cable programme of the work.

(3) The playing or showing of the work in public is an act restricted by the copyright in a sound recording, film, broadcast or cable programme.
(4) Where copyright in a work is infringed by its being performed, played or shown in public by means of apparatus for receiving visual images or sounds transmitted by electronic means, the person by whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be regarded as responsible for the infringement.
[cf. 1988 c. 48 s. 19 U.K.]

### Copyright Ordinance 《版權條例》

28A. Infringement by communicating to public
(1) The communication of a work of any description to the public is an act restricted by the copyright in the work.
(2) References in this Part to the communication of a work to the public are references to the electronic communication of the work to the public, including—
(a) the broadcasting of the work;
(b) the inclusion of the work in a cable programme service; and
(c) the making available of the work to the public.
(3) References in this Part to making a work available to the public are references to making the work available, 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 by making works available through the Internet).
(4) A person is to be regarded as having communicated a work to the public if the person has determined the content of the communication.
(5) For the purposes of subsection (4), a person does not determine the content of a communication only because the person takes one or more steps for the purpose of—
(a) gaining access to what is made available by someone else in the communication; or
(b) receiving the electronic transmission of which the communication consists.
Example—A person does not determine the content of a communication (in the form of a webpage) to the person only because the person clicks on a link to gain access to the webpage.
(6) The mere provision of facilities by any person for enabling or facilitating the communication of a work to the public does not of itself constitute an act of communicating the work to the public.
Note—The provision of facilities that are primarily designed, produced or adapted to enable or facilitate direct access to a work protected by copyright without the permission of the copyright owner is not a mere provision of facilities referred to in this subsection.
(7) To avoid doubt, the mere fact that an act done by a person is not a communication of a work to the public under subsection (1) does not affect any liability (whether civil or criminal) the person may otherwise have for that act under—
(a) this Ordinance;
(b) any other Ordinance; or
(c) any rule of law.
(Added 16 of 2022 s. 14)