### Copyright Ordinance 《版權條例》

204. Consent required for issue of copies to public
(1) A performer’s rights are infringed by a person who, without the performer’s consent, issues to the public copies of a fixation of the whole or any substantial part of a qualifying performance.
(2) References in this Part to the issue to the public of copies of a fixation 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 performer.
(3) References in this Part to the issue to the public of copies of a fixation do not include—
(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation; or
(b) any subsequent importation of such copies into Hong Kong.
(4) References in this Part to the issue of copies of a fixation of a performance include the issue of the original fixation of the unfixed performance.
(5) The right of a performer under this section to authorize or prohibit the issue of copies to the public is referred to in this Part as the right of distribution (分發權利). (Amended E.R. 2 of 2019)
[cf. 1988 c. 48 s. 182B U.K.]

205. Consent required for making available of fixations to public
(Amended 16 of 2022 s. 79)(1) A performer’s rights are infringed by a person who, without the performer’s consent, makes available to the public a fixation of the whole or any substantial part of a qualifying performance.
(2) References in this Part to making a fixation of a performance available to the public are references to making the fixation available, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the fixation from a place and at a time individually chosen by them (such as by making fixations available through the Internet).
(3) (Repealed 16 of 2022 s. 79)(4) The mere provision of facilities by any person for enabling or facilitating the making available of a fixation of a performance to the public does not of itself constitute an act of making the fixation available to the public. (Replaced 16 of 2022 s. 79)
(5) The right of a performer under this section to authorize or prohibit the making available of a fixation to the public is referred to in this Part as the right of making available to the public (向公眾提供的權利). (Amended E.R. 2 of 2019)
(Amended 16 of 2022 s. 79)

### Copyright Ordinance 《版權條例》

206. Infringement of performer’s rights by use of fixation made without consent
(1) A performer’s rights are infringed by a person who, without the performer’s consent—
(a) shows or plays in public the whole or any substantial part of a qualifying performance; or
(b) communicates to the public the whole or any substantial part of a qualifying performance, (Amended 16 of 2022 s. 80)
by means of a fixation which was, and which that person knows or has reason to believe was, made without the performer’s consent.
(2) (Repealed 16 of 2022 s. 80)[cf. 1988 c. 48 s. 183 U.K.]

207. Infringement of performer’s rights by importing, exporting, possessing or dealing with infringing fixation
(1) A performer’s rights are infringed by a person who, without the performer’s consent—
(a) imports into Hong Kong or exports from Hong Kong, otherwise than for his private and domestic use; or
(b) for the purpose of or in the course of any trade or business— (Amended 15 of 2007 s. 50)
(i) possesses;
(ii) makes available to the public;
(iii) sells or lets for hire;
(iv) offers or exposes for sale or hire; or
(v) distributes, (Replaced 64 of 2000 s. 12)
a fixation of a qualifying performance which is, and which that person knows or has reason to believe is, an infringing fixation.
(1A) It is immaterial for the purpose of subsection (1)(b) whether or not the trade or business consists of dealing in infringing fixations. (Added 64 of 2000 s. 12)
(2) Where in an action for infringement of a performer’s rights brought by virtue of this section a defendant shows that the infringing fixation was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3) In subsection (2) innocently acquired (不知情地取得) means that the person acquiring the fixation did not know and had no reason to believe that it was an infringing fixation.
[cf. 1988 c. 48 s. 184 U.K.]

### Copyright Ordinance 《版權條例》

207A. Infringement of performers’ rights by renting copies to the public without consent
(1) A performer’s rights are infringed by a person who, without the performer’s consent, rents to the public copies of a sound recording in which the whole or any substantial part of a qualifying performance is fixed.
(2) In this Part, rent (租賃), in relation to a sound recording—
(a) subject to paragraph (b), means making a copy of the sound recording available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage;
(b) does not include—
(i) making a copy of the sound recording available for the purpose of public performance, playing or showing in public or communicating to the public; (Amended 16 of 2022 s. 81)
(ii) making a copy of the sound recording available for the purpose of exhibition in public; or
(iii) making a copy of the sound recording available for on-the-spot reference use.

(3) A reference in this Part to the renting of copies of a sound recording includes the renting of the original.
(4) The right of a performer under this section to rent copies of a sound recording to the public is referred to in this Part as rental right (租賃權). (Amended E.R. 2 of 2019)
(Added 15 of 2007 s. 51)