### Copyright Ordinance 《版權條例》

167. General considerations: unreasonable discrimination
(1) The Copyright Tribunal shall, in every case before it, have regard to public interest, and in determining what is reasonable on a reference or application under this Division relating to a licensing scheme or licence, the Tribunal shall have regard to—
(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances;
(b) the terms of those schemes for licences;
(c) the nature of the work concerned;
(d) the relative bargaining power of the parties concerned; and
(e) the availability to the licensees or prospective licensees of relevant information relating to the terms of the licensing scheme or licence in question.
(2) The Copyright Tribunal shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person or any other person.
(3) The mention in subsections (1) and (2) of specific matters to which the Tribunal is to have regard does not affect the general obligation of the Tribunal to have regard to all relevant considerations and in particular, to whether the exercise of its power will result in a conflict with a normal exploitation of the work or will unreasonably prejudice the legitimate interests of the copyright owner.
[cf. 1988 c. 48 ss. 129 & 135 U.K.]

### Copyright Ordinance 《版權條例》

168. Implied indemnity in certain schemes and licences
(1) This section applies to—
(a) schemes for licensing restricted acts in relation to copyright works; and
(b) licences granted by licensing bodies,
where the scheme or licence does not specify the works to which it applies with such particularity as to enable licensees to determine whether a work falls within the scheme or licence by inspection of the scheme or licence and the work.
(2) There is implied—
(a) in every scheme to which this section applies an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme; and
(b) in every licence to which this section applies an undertaking by the licensing body to indemnify the licensee,
against any liability incurred by him by reason of his having infringed copyright by making or authorizing an act restricted by the copyright in a work in circumstances within the apparent scope of his licence.
(3) The circumstances of a case are within the apparent scope of a licence if—
(a) it is not apparent from inspection of the licence and the work that it does not fall within the description of works to which the licence applies; and
(b) the licence does not expressly provide that it does not extend to copyright to the description infringed.
(4) In this section liability (法律責任) includes liability to pay costs; and this section applies in relation to costs reasonably incurred by a licensee in connection with actual or contemplated proceedings against him for infringement of copyright as it applies to sums which he is liable to pay in respect of such infringement.
(5) A scheme or licence to which this section applies may contain reasonable provision—
(a) with respect to the manner in which, and time within which, claims under the undertaking implied by this section are to be made;
(b) enabling the operator of the scheme or, as the case may be, the licensing body to take over the conduct of any proceedings affecting the amount of his liability to indemnify.
(6) When an indemnity is implied under subsection (2), subject to subsection (7), the amount of damages which a court may award in favour of the owner of the copyright of a work who is not a member of the scheme or, as the case may be, the licensing body for infringement of the copyright must not exceed the amount that owner would receive if he was a member of the scheme or the licensing body.
(7) The court shall not award damages at an amount that will result in a conflict with a normal exploitation of the work or will unreasonably prejudice the legitimate interest of the copyright owner.
[cf. 1988 c. 48 s. 136 U.K.]

### Copyright Ordinance 《版權條例》

169. The Copyright Tribunal
(1) There is established a tribunal called the Copyright Tribunal.
(2) The Tribunal shall consist of the following members all of whom shall be appointed by the Chief Executive— (Amended 22 of 1999 s. 3)
(a) one Chairman and one Deputy Chairman each of whom must be qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336); and
(b) 7 ordinary members each of whom is to be appointed in his personal capacity.

170. Membership of Tribunal
(1) The members of the Copyright Tribunal shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
(2) A member of the Tribunal may resign his office by notice in writing to the Chief Executive.
(3) The Chief Executive may by notice in writing to the member concerned remove him from office if—
(a) he has become bankrupt or made an arrangement with his creditors;
(b) he is incapacitated by physical or mental illness; or 
(c) he is in the opinion of the Chief Executive otherwise unable or unfit to perform his duties as member.
(4) If a member of the Tribunal is by reason of illness, absence or other reasonable cause for the time being unable to perform the duties of his office, either generally or in relation to particular proceedings, the Chief Executive may appoint a person who would be eligible for appointment to that office to discharge his duties for a period not exceeding 6 months at one time or, as the case may be, in relation to those proceedings.
(5) A person appointed under subsection (4) shall have during the period of his appointment, or in relation to the proceedings in question, the same powers as the person in whose place he is appointed.
(Amended 22 of 1999 s. 3)[cf. 1988 c. 48 s. 146 U.K.]

### Copyright Ordinance 《版權條例》

171. Financial provisions
(1) There shall be paid to the members of the Copyright Tribunal who are not public officers such remuneration (whether by way of salaries or fees), and such allowances, as the Secretary for Commerce and Economic Development may determine.
(2) The Secretary for Commerce and Economic Development may appoint such number of staff for the Tribunal and at such remuneration as he may determine.
(3) The remuneration and allowances of members of the Tribunal, the remuneration of any staff and such other expenses of the Tribunal as the Secretary for Commerce and Economic Development may determine shall be paid out of the general revenue.
(Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)[cf. 1988 c. 48 s. 147 U.K.]