### Copyright Ordinance 《版權條例》

70. Recordings of folksongs
(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a body designated under subsection (4)(b) without infringing any copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) below are met.
(2) The conditions are that—
(a) the words are unpublished and of unknown authorship at the time the recording is made;
(b) the making of the recording does not infringe any other copyright; and
(c) its making is not prohibited by any performer.
(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body designated under subsection (4)(b) may, if the conditions prescribed under subsection (4)(a) are met, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.
(4) The Secretary for Commerce and Economic Development may for the purposes of this section by regulation— (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
(a) prescribe conditions; and
(b) designate bodies, and he shall not designate a body unless he is satisfied that the body is not established or conducted for profit.
(5) The conditions prescribed under subsection (4)(a) must include—
(a) that copies are only supplied to persons satisfying the archivist that they require them for the purposes of research or private study and will not use them for any other purpose; and
(b) that no person is furnished with more than one copy of the same recording.
(6) In this section, references to the archivist include a person acting on his behalf.
[cf. 1988 c. 48 s. 61 U.K.]

71. Representation of certain artistic works on public display
(1) This section applies to—
(a) buildings; and
(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.
(2) The copyright in such a work is not infringed by—
(a) making a graphic work representing it;
(b) making a photograph or film of it; or
(c) broadcasting or including in a cable programme service a visual image of it.
(3) Nor is the copyright infringed by the communication to the public, or the issue to the public of copies, of anything whose making was, by virtue of this section, not an infringement of the copyright. (Amended 16 of 2022 s. 52)
[cf. 1988 c. 48 s. 62 U.K.]

### Copyright Ordinance 《版權條例》

72. Advertisement of sale of artistic work
(1) It is not an infringement of copyright in an artistic work to copy it, communicate it to the public or issue copies of it to the public, for the purpose of advertising the sale of the work. 
(2) 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 purposes of that dealing and, if that dealing infringes copyright, for all subsequent purposes. (Amended 15 of 2007 s. 20)
(3) For the purposes of subsection (2), a copy is dealt with if it is—
(a) possessed, exhibited in public or distributed (otherwise than for the purpose mentioned in subsection (1)) 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. (Added 16 of 2022 s. 53)
(Amended 16 of 2022 s. 53)[cf. 1988 c. 48 s. 63 U.K.]

73. Making of subsequent works by same artist
Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by copying the work in making another artistic work if he does not repeat or imitate the main design of the earlier work.
[cf. 1988 c. 48 s. 64 U.K.]

74. Reconstruction of buildings
Anything done for the purposes of reconstructing a building does not infringe any copyright—
(a) in the building; or
(b) in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.
[cf. 1988 c. 48 s. 65 U.K.]

### Copyright Ordinance 《版權條例》

75. Films: acts permitted on assumptions as to expiry of copyright, etc.
(1) Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—
(a) it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in section 19(2)(a) to (d) (persons by reference to whose life the copyright period is ascertained); and
(b) it is reasonable to assume—
(i) that copyright has expired; or
(ii) that the last to die of those persons died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.
(2) Subsection (1)(b)(ii) does not apply in relation to—
(a) a film in which Government copyright subsists; or
(b) a film in which copyright originally vested in an international organization by virtue of section 188 and in respect of which a regulation under that section specifies a copyright period longer than 50 years.
[cf. 1988 c. 48 s. 66A U.K.]

76. Performance, showing or playing of works for purposes of club, society, etc.
(1) It is not an infringement of the copyright in a work (other than a broadcast or a cable programme) to perform, show or play it as part of the activities of, or for the benefit of, a club, society or other organization if the following conditions are met.
(2) The conditions are—
(a) that the club, society or organization is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare; and
(b) that the proceeds of any charge for admission to the place where the work is to be performed, shown or played are applied solely for the purposes of the club, society or organization.
[cf. 1988 c. 48 s. 67 U.K.]

76A. Copying sound recordings for private and domestic use
(1) Copyright in a sound recording or in any literary, dramatic or musical work included in a sound recording is not infringed by the making of a copy of the sound recording (private copy