### Copyright Ordinance 《版權條例》

77. Incidental recording for purposes of broadcast or cable programme
(1) This section applies where by virtue of a licence or assignment of copyright a person is authorized to broadcast or include in a cable programme service—
(a) a literary, dramatic or musical work, or an adaptation of such a work;
(b) an artistic work; or
(c) a sound recording or film.
(2) He is by virtue of this section to be treated as licensed by the owner of the copyright in the work to do or authorize any of the following for the purposes of the broadcast or cable programme—
(a) in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;
(b) in the case of an artistic work, to take a photograph or make a film of the work;
(c) in the case of a sound recording or film, to make a copy of it.
(3) That licence is subject to the condition that the sound recording, film, photograph or copy in question—
(a) must not be used for any other purposes;
(b) must be destroyed within 3 months of being first used for broadcasting the work or, as the case may be, including it in a cable programme service.
(4) A sound recording, film, photograph or copy made in accordance with this section is treated as an infringing copy—
(a) for the purposes of any use in breach of the condition mentioned in subsection (3)(a); and
(b) for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.
[cf. 1988 c. 48 s. 68 U.K.]

78. Recording for purposes of supervision and control of broadcasts and cable programmes
(1) Copyright is not infringed by the making or use by Radio Television Hong Kong, for the purposes of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.
(2) Copyright is not infringed by the making or use of recordings—
(a) by the Communications Authority for the performance of its functions mentioned in section 9 of the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391); or 
(b) pursuant to the instructions of the Communications Authority in the performance of those functions. (Amended 17 of 2011 s. 28)
[cf. 1988 c. 48 s. 69 U.K.]

79. Recording for purposes of time-shifting
The making for private and domestic use of a recording of a broadcast or cable programme solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any copyright in the broadcast or cable programme or in any work included in it.
[cf. 1988 c. 48 s. 70 U.K.]

### Copyright Ordinance 《版權條例》

80. Photographs of television broadcasts or cable programmes
The making for private and domestic use of a photograph of the whole or any part of an image forming part of a television broadcast or cable programme, or a copy of such a photograph, does not infringe any copyright in the broadcast or cable programme or in any film included in it.
[cf. 1988 c. 48 s. 71 U.K.]

81. Free public showing or playing of broadcast or cable programme
(1) The showing or playing in public of a broadcast or cable programme (other than an encrypted broadcast or cable programme) to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any copyright in—
(a) the broadcast or cable programme; or
(b) any sound recording or film included in it.
(2) The audience are treated as having paid for admission to a place—
(a) if they have paid for admission to a place of which that place forms part; or
(b) if goods or services are supplied at that place (or a place of which it forms part)—
(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme; or
(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3) The following are not regarded as having paid for admission to a place—
(a) persons admitted as residents or inmates of the place which is operated by a charitable organization and the facilities therein are not provided for profit;
(b) persons admitted as members of a club or society whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare and where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.
(4) Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public by the reception of the broadcast or programme is to be taken into account in assessing the damages for that infringement.
[cf. 1988 c. 48 s. 72 U.K.]

81A. Playing of sound broadcasts inside vehicles
(1) The playing of a sound broadcast inside a vehicle primarily for the purpose of affording the driver of the vehicle access to public information (including but not limited to news reports, weather forecasts and information relating to road traffic) does not infringe the copyright in the sound broadcast, any sound recording included in it or any literary, dramatic or musical work included in it.
(2) In subsection (1), vehicle (車輛) means any vehicle constructed or adapted for use on roads.
(Added 15 of 2007 s. 21)

### Copyright Ordinance 《版權條例》

83. Provision of sub-titled copies of broadcast or cable programme
(1) A body designated under subsection (3) may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for their special needs, make copies of television broadcasts or cable programmes, communicate the broadcasts or cable programmes to the public or issue copies of the broadcasts or cable programmes to the public, without infringing any copyright in the broadcasts or cable programmes or works included in them. (Amended 16 of 2022 s. 55)
(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.
(3) The Secretary for Commerce and Economic Development may, by notice in the Gazette, designate bodies for the purposes of this section, and the Secretary shall not designate a body unless he is satisfied that it is not established or conducted for profit. (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
[cf. 1988 c. 48 s. 74 U.K.]

84. Recording for archival purposes
(1) A recording of a broadcast or cable programme of a class designated under subsection (2), or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a body designated under subsection (2) without thereby infringing any copyright in the broadcast or cable programme or in any work included in it.
(2) The Secretary for Commerce and Economic Development may, by notice in the Gazette, designate any class of broadcast or of cable programme and any body for the purposes of this section, and the Secretary shall not designate a body unless he is satisfied that it is not established or conducted for profit. (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
[cf. 1988 c. 48 s. 75 U.K.]

85. Adaptations
An act which by virtue of this Division may be done without infringing copyright in a literary, dramatic or musical work does not, where that work is an adaptation, infringe any copyright in the work from which the adaptation was made.
[cf. 1988 c. 48 s. 76 U.K.]