### Copyright Ordinance 《版權條例》

252A. Temporary reproduction by service providers
(1) The rights conferred by this Part in a fixed performance are not infringed by the making and storage of a copy of a fixation by a service provider if—
(a) the sole purpose of the making and storage is to enable more efficient transmission of the fixation by the provider through a network;
(b) the making and storage forms an automatic and essential part of a technological process, and that process neither modifies the fixation, nor interferes with the lawful use of technology to obtain data on the use of the fixation;
(c) the storage is temporary;
(d) the provider updates the database in which the copy is stored in accordance with reasonable industry practice;
(e) the provider complies with conditions (if any) on access to the fixation; and
(f) the provider acts promptly to remove the copy or disable access to the copy in the event that either of the following facts comes to the provider’s actual knowledge—
(i) the fixation has been removed from the original source from which the copy was made;
(ii) access to the fixation at the original source from which the copy was made has been disabled.
(2) Expressions used in this section have the same meaning as in section 65A.
(Added 16 of 2022 s. 98)

253. Use of fixations of spoken words in certain cases
(1) Where a fixation of the reading or recitation of a literary work is made for the purpose—
(a) of reporting current events; or
(b) of communicating the whole or part of the reading or recitation to the public, (Replaced 16 of 2022 s. 99)
it is not an infringement of the rights conferred by this Part to use the fixation (or to copy the fixation and use the copy) for that purpose, if the conditions in subsection (2) are met.
(2) The conditions are that—
(a) the fixation is a direct fixation of the reading or recitation and is not taken from a previous fixation or from a broadcast or cable programme;
(b) the making of the fixation was not prohibited by or on behalf of the person giving the reading or recitation;
(c) the use made of the fixation is not of a kind prohibited by or on behalf of that person before the fixation was made; and
(d) the use is by or with the authority of a person who is lawfully in possession of the fixation.
(3) Expressions used in this section have the same meaning as in section 67.
[cf. 1988 c. 48 Sch. 2 para. 13 U.K.]

### Copyright Ordinance 《版權條例》

254. Fixations of folksongs
(1) A fixation of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any of the rights conferred by this Part, if the conditions in subsection (2) are met.
(2) The conditions are that—
(a) the words are unpublished and of unknown authorship at the time the fixation is made;
(b) the making of the fixation does not infringe any copyright; and
(c) its making is not prohibited by any performer.
(3) Copies of a fixation made in reliance on subsection (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without infringing any of the rights conferred by this Part.
(4) In this section—
designated body (指定機構) means a body designated for the purposes of section 70; and
the prescribed conditions (訂明條件) means the conditions prescribed for the purposes of that section,and other expressions used in this section have the same meaning as in that section.

[cf. 1988 c. 48 Sch. 2 para. 14 U.K.]

255. Performance, showing or playing of works for purposes of club, society, etc.
(1) It is not an infringement of any right conferred by this Part to perform, show or play a work (other than a broadcast or a cable programme) 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.
(3) Expressions used in this section have the same meaning as in section 76.
[cf. 1988 c. 48 Sch. 2 para. 15 U.K.]

### Copyright Ordinance 《版權條例》

256. Incidental fixation for purposes of broadcast or cable programme
(1) A person who proposes to broadcast a fixation of a performance, or include a fixation of a performance in a cable programme service, in circumstances not infringing the rights conferred by this Part is to be treated as having consent for the purposes of this Part for the making of a further fixation for the purposes of the broadcast or cable programme.
(2) That consent is subject to the condition that the further fixation—
(a) must not be used for any other purpose; and
(b) must be destroyed within 3 months of being first used for broadcasting the performance or including it in a cable programme service.
(3) A fixation made in accordance with this section is treated as an infringing fixation—
(a) for the purposes of any use in breach of the condition mentioned in subsection (2)(a); and
(b) for all purposes after that condition or the condition mentioned in subsection (2)(b) is broken.
(4) Expressions used in this section have the same meaning as in section 77.
[cf. 1988 c. 48 Sch. 2 para. 16 U.K.]

257. Recordings for purposes of supervision and control of broadcasts and cable programmes
(1) The rights conferred by this Part are not infringed by the making or use by Radio Television Hong Kong for the purpose of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.
(2) The rights conferred by this Part are 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 (Amended 17 of 2011 s. 28)
(b) pursuant to the instructions of the Communications Authority in the performance of those functions. (Amended 17 of 2011 s. 28)
(3) Expressions used in this section have the same meaning as in section 78.
[cf. 1988 c. 48 Sch. 2 para. 17 U.K.]