### Copyright Ordinance 《版權條例》

57. Material provided to the Government in the course of public business
(Amended 16 of 2022 s. 45)(1) This section applies where a work has in the course of public business been provided to the Government for any purpose, by or with the licence of the copyright owner and a document or other material thing recording or embodying the work is owned by or in the custody or control of the Government.
(2) The Government may, for the purpose for which the work was provided to it, or any related purpose which could reasonably have been anticipated by the copyright owner, copy the work, communicate the work to the public or issue copies of the work to the public without infringing any copyright in the work.
(3) The Government may not copy a work, communicate a work to the public or issue copies of a work to the public by virtue of this section if the work has previously been published otherwise than by virtue of this section.
(4) In subsection (1) public business (公務) includes any activity carried on by the Government.
(5) This section has effect subject to any agreement to the contrary between the Government and the copyright owner.
(Amended 16 of 2022 s. 45)[cf. 1988 c. 48 s. 48 U.K.]

58. Public records
(1) Material which is comprised in public records which are open to public inspection may be copied, and a copy may be supplied to any person without infringement of copyright.
(2) In this section public records (公共紀錄) means the records of any nature or description which have been made, received or acquired in the course of proceedings of the Legislative Council, judicial proceedings or executive transaction, together with the exhibits and other material evidence which form part of or are annexed to or are otherwise related to any record, which are or are required to be in the custody of, or which may be transferred to or be acquired by, any department of the Government.
[cf. 1988 c. 48 s. 49 U.K.]

59. Acts done under statutory authority
(1) Where the doing of a particular act is specifically authorized by an Ordinance, whenever enacted, then, unless the Ordinance provides otherwise, the doing of that act does not infringe copyright.
(2) Nothing in this section is to be construed as excluding any defence of statutory authority otherwise available under or by virtue of any Ordinance.
[cf. 1988 c. 48 s. 50 U.K.]

### Copyright Ordinance 《版權條例》

60. Lawful user may make back-up copy of computer program
(1) A lawful user of a copy of a computer program may make a back-up copy of the program without infringing the copyright in the program if it is necessary for him to have the back-up copy for the purposes of his lawful use.
(2) For the purposes of this section and section 61 a person is a lawful user of a computer program if he has a contractual right to use the program.
(3) This section has effect subject to any agreement to the contrary.
[cf. 1988 c. 48 s. 50A U.K.]

61. Lawful user may copy or adapt computer program
(1) A lawful user of a copy of a computer program may copy or adapt the program without infringing the copyright in the program if the copying or adapting is necessary for his lawful use.
(2) A lawful user of a copy of a computer program may, in particular, if it is necessary for the lawful use of the program, copy the program or adapt it for the purpose of correcting errors in it.
(3) This section does not apply to any copying or adapting permitted under section 60.
[cf. 1988 c. 48 s. 50C U.K.]

62. Use of typeface in ordinary course of printing
(1) It is not an infringement of copyright in an artistic work consisting of the design of a typeface—
(a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing;
(b) to possess an article for the purpose of such use; or
(c) to do anything in relation to material produced by such use,
and this is so notwithstanding that an article is used which is an infringing copy of the work.
(2) However, the following provisions of this Part apply in relation to persons making, importing, exporting or dealing with articles specifically designed or adapted for producing material in a particular typeface, or possessing such articles for the purpose of dealing with them, as if the production of material as mentioned in subsection (1) did infringe copyright in the artistic work consisting of the design of the typeface—
section 32 (secondary infringement: making, importing, exporting, possessing or dealing with article for making infringing copy);
section 109 (order for delivery up); and
section 118(4) (offence of making or possessing such an article).
(3) The references in subsection (2) to dealing with (進行物品的交易) an article are to selling, letting for hire, or offering or exposing for sale or hire, exhibiting in public, or distributing. (Amended E.R. 2 of 2019)
[cf. 1988 c. 48 s. 54 U.K.]

### Copyright Ordinance 《版權條例》

63. Articles for producing material in particular typeface
(1) This section applies to the copyright in an artistic work consisting of the design of a typeface where articles specifically designed or adapted for producing material in that typeface have been marketed by or with the licence of the copyright owner.
(2) After the period of 25 years from the end of the calendar year in which the first such articles are marketed, the work may be copied by making further such articles, or doing anything for the purpose of making such articles, and anything may be done in relation to articles so made, without infringing copyright in the work.
(3) In subsection (1) marketed (推出市場) means sold, let for hire or offered or exposed for sale or hire, in Hong Kong or elsewhere.
[cf. 1988 c. 48 s. 55 U.K.]

64. Transfers of copies of works in electronic form
(1) This section applies where a copy of a work in electronic form (other than such a copy which was made available to the public) has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it.
(2) If there are no express terms—
(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer; or
(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred is to be treated as an infringing copy for all purposes after the transfer.
(3) Subsection (2) also applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.
(4) The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.
[cf. 1988 c. 48 s. 56 U.K.]

65. Certain acts permitted where works communicated to the public
(Amended 16 of 2022 s. 46)Notwithstanding section 23, copyright in a work is not infringed by the making of a transient and incidental copy which is technically required for the viewing or listening of the work by a member of the public to whom the work is communicated.
(Amended 16 of 2022 s. 46)