### Copyright Ordinance 《版權條例》

245. Recording, copying or communication by educational establishments: broadcasts or cable programmes
(Amended 16 of 2022 s. 93)(1) A recording of a broadcast or cable programme, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing any of the rights conferred by this Part in relation to any performance or fixation included in it.
(1A) A person authorized by an educational establishment may, without infringing the rights conferred by this Part, communicate to an authorized recipient a recording, or a copy of a recording, of a broadcast or cable programme that has been made in accordance with subsection (1) if—
(a) the person makes the communication for the educational purposes of the establishment; and
(b) the establishment takes all reasonable steps to ensure that—
(i) only authorized recipients receive the communication; and
(ii) the authorized recipients do not make any copy or further transmission of the communication. (Added 16 of 2022 s. 93)
(2) Recording, copying or communicating to authorized recipients is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the recording, copying or communication in question and the person making the recording, copies or communication in question knew or ought to have been aware of that fact. (Replaced 16 of 2022 s. 93)
(3) Where a recording or copy which would otherwise be an infringing fixation is made in accordance with this section but is subsequently dealt with, it is treated as an infringing fixation for the purposes of that dealing, and if that dealing infringes any right conferred by this Part, for all subsequent purposes. (Amended 16 of 2022 s. 93)
(3A) For the purposes of subsection (3), a recording or copy is dealt with if it is—
(a) possessed, shown or played in public or distributed (otherwise than for the educational purposes of the educational establishment concerned) 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 the rights conferred by this Part under subsection (1A). (Added 16 of 2022 s. 93)
(4) Expressions used in this section have the same meaning as in section 44.
[cf. 1988 c. 48 Sch. 2 para. 6 U.K.]

### Copyright Ordinance 《版權條例》

245A. Copying or communication by educational establishments: published sound recordings or films
(1) The making of a copy of part of a published sound recording or film by or on behalf of an educational establishment for the educational purposes of the establishment does not infringe any of the rights conferred by this Part in relation to any performance or fixation included in it.
(2) A person authorized by an educational establishment may, without infringing the rights conferred by this Part, communicate to an authorized recipient a copy of part of a published sound recording or film that has been made in accordance with subsection (1) if—
(a) the person makes the communication for the educational purposes of the establishment; and
(b) the establishment takes all reasonable steps to ensure that—
(i) only authorized recipients receive the communication; and
(ii) the authorized recipients do not make any copy or further transmission of the communication.
(3) Copying or communicating to authorized recipients is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the copying or communication in question and the person making the copies or communication in question knew or ought to have been aware of that fact.
(4) Where a copy that would otherwise be an infringing fixation is made in accordance with this section but is subsequently dealt with, it is to be treated as an infringing fixation for the purposes of that dealing, and if that dealing infringes any right conferred by this Part, for all subsequent purposes.
(5) For the purposes of subsection (4), a copy is dealt with if it is—
(a) possessed, shown or played in public or distributed (otherwise than for the educational purposes of the educational establishment concerned) 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 the rights conferred by this Part under subsection (2).
(6) Expressions used in this section have the same meaning as in section 45.
(Added 16 of 2022 s. 94)

### Copyright Ordinance 《版權條例》

245B. Communication, playing or showing by librarians, curators or archivists: sound recordings or films
(1) The communication of a sound recording or film made by the librarian, curator or archivist of a specified library, museum or archive under section 51A to the users or staff of the library, museum or archive, by making it available online to be accessed through the use of a computer terminal installed within the premises of the library, museum or archive, does not infringe any of the rights conferred by this Part in relation to any performance or fixation included in it.
(2) The playing or showing by the librarian, curator or archivist of a specified library, museum or archive under section 52A of a sound recording or film held in the permanent collection of the library, museum or archive to an audience consisting of members of the public within the premises of the library, museum or archive does not infringe any of the rights conferred by this Part in relation to any performance or fixation included in it.
(3) The communication, playing or showing of a sound recording or film is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the communication, playing or showing in question and the person communicating, playing or showing the sound recording or film in question knew or ought to have been aware of that fact.
(4) Expressions used in this section have the same meaning as in sections 51A and 52A.
(Added 16 of 2022 s. 94)

246. Copying by librarians, curators or archivists: articles of cultural or historical importance
(Amended 16 of 2022 s. 95)(1) The librarian, curator or archivist of a specified library, museum or archive may make a copy of an article of cultural or historical importance or interest and deposit the copy at the library, museum or archive without infringing any right conferred by this Part in respect of that article if the article is likely to be lost to Hong Kong through sale or export. (Amended 16 of 2022 s. 95)
(2) Expressions used in this section have the same meaning as in section 53.
[cf. 1988 c. 48 Sch. 2 para. 7 U.K.]