### Copyright Ordinance 《版權條例》

40C. Making multiple accessible copies by specified bodies for persons with a print disability
(1) Subject to section 40CC, if a specified body possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work that has been published or otherwise made publicly available in any media (master copy

40CA. Export or supply of accessible copies by specified bodies to authorized entities
(1) Subject to section 40CC, if a specified body possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work that has been published or otherwise made publicly available in any media (master copy

### Copyright Ordinance 《版權條例》

40CC. Provisions relating to master copy
(1) Sections 40B(1), 40C(1) and 40CA(1) do not apply if—
(a) the relevant master copy is an infringing copy;
(b) the relevant master copy is a copy of a sound recording that comprises only of the performance of—
(i) the whole or part of a musical work;
(ii) music in which words are spoken, or are sung, incidentally to or in association with the music;
(iii) the whole or part of a dramatic work; or
(iv) any combination of the items described in subparagraphs (i), (ii) and (iii);
(c) the relevant master copy is of the whole or part of a musical work, and the making of an accessible copy would involve recording a performance of the whole or part of the work; or
(d) the relevant master copy is of the whole or part of a dramatic work, and the making of an accessible copy would involve recording a performance of the whole or part of the work.
(2) In this section—
relevant master copy (有關原版文本), in relation to section 40B(1), 40C(1) or 40CA(1), means a master copy as defined by that section.
(Added 10 of 2020 s. 7)

### Copyright Ordinance 《版權條例》

40D. Intermediate copies
(1) A specified body entitled to make accessible copies of a master copy under section 40C may possess an intermediate copy of the master copy which is necessarily created during the production of the accessible copies, but—
(a) the specified body may possess the intermediate copy only for the purpose of the production of further accessible copies; and
(b) the specified body must destroy the intermediate copy within 3 months after it is no longer required for that purpose.
(2) An intermediate copy possessed otherwise than in accordance with subsection (1) is to be treated as an infringing copy.
(3) A specified body may lend or transfer an intermediate copy possessed under subsection (1) to another specified body which is also entitled to make accessible copies of the relevant copyright work under section 40C.
(4) The specified body must—
(a) within a reasonable time before lending or transferring the intermediate copy, notify the relevant copyright owner of its intention to lend or transfer the intermediate copy; or
(b) within a reasonable time after lending or transferring the intermediate copy, notify the relevant copyright owner of the fact that it has lent or transferred the intermediate copy.
(5) Subsection (4) does not apply if the specified body cannot, after making reasonable enquiries, ascertain the identity and contact details of the relevant copyright owner. (Amended 10 of 2020 s. 8)
(6) If the specified body charges for lending or transferring an intermediate copy under this section, the sum charged must not exceed the cost incurred in lending or transferring the copy.
(7) Where an intermediate copy which apart from this section would be an infringing copy is possessed, lent or transferred in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—
(a) for the purpose of that dealing; and
(b) if that dealing infringes copyright, for all subsequent purposes.
(8) For the purposes of subsection (7), an intermediate copy is dealt with if it is—
(a) exhibited in public or distributed, by any person other than the specified body entitled to possess the copy under subsection (1) or the specified body to which the copy is lent or transferred under subsection (3), for the purpose of or in the course of any trade or business; or
(b) sold or let for hire, or offered or exposed for sale or hire. (Replaced 16 of 2022 s. 27)
(Added 15 of 2007 s. 13)

### Copyright Ordinance 《版權條例》

40F. Supplementary provisions for sections 40A to 40E
(1) This section supplements sections 40A to 40E. 
(2) A copy (other than an accessible copy made under section 40B, 40C, 40CA or 40CB) of a copyright work is taken to be accessible to a person with a print disability only if it is as accessible to the person as it would be if the person were not suffering from the disability. (Amended 10 of 2020 s. 10)
(3) An accessible copy of a copyright work may be in the form of—
(a) a sound recording of the work;
(b) a Braille, large-print or electronic version of the work; or
(c) any other specialized format of the work.
(4) An accessible copy of a copyright work may include facilities for navigating around the version of the work but must not include—
(a) changes which are not necessary to overcome problems caused by a print disability; or
(b) changes which infringe the moral right of the author of the work conferred by section 92 not to have the work subjected to derogatory treatment.
(Added 15 of 2007 s. 13)

### Copyright Ordinance 《版權條例》

41. Things done for purposes of instruction or examination
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied, to a reasonable extent, in the course of instruction or of preparation for instruction, if the copying—
(a) is done by a person giving or receiving instruction; and
(b) is not by means of a reprographic process.
(2) Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, if the copying is done by a person giving or receiving instruction.
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions.
(4) Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.
(5) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purpose of that dealing and if that dealing infringes copyright, for all subsequent purposes. (Amended 16 of 2022 s. 29)
(6) For the purposes of subsection (5), a copy is dealt with if it is—
(a) possessed, exhibited in public or distributed (otherwise than for the purposes of instruction or examination) for the purpose of or in the course of any trade or business;
(b) sold or let for hire, or offered or exposed for sale or hire; or
(c) communicated to the public, unless that communication is not an infringement of copyright under subsection (3). (Added 16 of 2022 s. 29)
[cf. 1988 c. 48 s. 32 U.K.]