### Copyright Ordinance 《版權條例》

34. Secondary infringement: provision of apparatus for infringing performance, etc.
(1) Where copyright in a work is infringed by a public performance of the work, or by the playing or showing of the work in public, by means of apparatus for—
(a) playing sound recordings;
(b) showing films; or
(c) receiving visual images or sounds transmitted by electronic means,
the persons specified in subsections (2) to (4) are also liable for the infringement.
(2) A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if when he supplied the apparatus or part—
(a) he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright; or
(b) in the case of apparatus whose normal use involves a public performance, playing or showing, he did not believe on reasonable grounds that it would not be so used as to infringe copyright.
(3) An occupier of premises who gave permission for the apparatus to be brought onto the premises is liable for the infringement if when he gave permission he knew or had reason to believe that the apparatus was likely to be so used as to infringe copyright.
(4) A person who supplied a copy of a sound recording or film used to infringe copyright is liable for the infringement if when he supplied it he knew or had reason to believe that what he supplied, or a copy made directly or indirectly from it, was likely to be so used as to infringe copyright.
[cf. 1988 c. 48 s. 26 U.K.]

### Copyright Ordinance 《版權條例》

35A. Copy of a computer program, or of certain other works embodied in the same article as a computer program, not an infringing copy for the purposes of section 35(3)
(1) A copy of a work to which this subsection applies is not an infringing copy for the purposes of section 35(3) if it was lawfully made in the country, territory or area where it was made.
(2) Subsection (1) applies to—
(a) a copy of a computer program; or
(b) except as provided in subsection (3) or (4), a copy of a work other than a computer program, which copy is embodied in an article that also embodies a copy of a computer program,
that, but for subsection (1), would be an infringing copy for the purposes of section 35(3).
(3) Subsection (1) does not apply to any copy of a work described in subsection (2)(b)—
(a) that is a copy of the whole or substantially the whole of a movie or a television drama; or
(b) that is a copy of a part of a movie or a television drama if—
(i) all those parts of the movie or television drama copies of which are embodied in the article together constitute the whole or substantially the whole of the movie or television drama; or
(ii) the viewing time of all those parts of the movie or television drama copies of which are embodied in the article is, in the case of a movie, more than 15 minutes in aggregate or, in the case of a television drama, more than 10 minutes in aggregate,
and in paragraphs (a) and (b)(i), reference to a television drama, in the case of a television drama comprising one or more episodes, is reference to an episode of the television drama.
(4) Subsection (1) does not apply to any copy of a work described in subsection (2)(b) that is—
(a) a copy of a movie or a television drama (other than a copy to which subsection (3) applies);
(b) a copy of a musical sound recording or a musical visual recording; or
(c) a copy that forms part of an e-book,
(a specified copy of a work

### Copyright Ordinance 《版權條例》

39. Criticism, review, quotation, and reporting and commenting on current events
(1) Fair dealing with a work (the work

39A. Parody, satire, caricature and pastiche
(1) Fair dealing with a work for the purpose of parody, satire, caricature or pastiche does not infringe any copyright in the work.
(2) In determining whether any dealing with a work is fair dealing under subsection (1), the court must take into account all the circumstances of the case and, in particular—
(a) the purpose and nature of the dealing, including whether the dealing is for a non-profit-making purpose and whether the dealing is of a commercial nature;
(b) the nature of the work;
(c) the amount and substantiality of the portion dealt with in relation to the work as a whole; and
(d) the effect of the dealing on the potential market for, or value of, the work.
(Added 16 of 2022 s. 20)

### Copyright Ordinance 《版權條例》

40. Incidental inclusion of copyright material
(1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme.
(2) The copyright is also not infringed by the issue to the public of copies, or the playing, showing or communicating to the public, of anything whose making was, by virtue of subsection (1), not an infringement of the copyright. (Amended 16 of 2022 s. 21)
(3) A musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, is not regarded as incidentally included in another work if it is deliberately included.
[cf. 1988 c. 48 s. 31 U.K.]

### Copyright Ordinance 《版權條例》

40A. Definitions for sections 40A to 40F
(1) In this section and in sections 40B to 40F— (Amended 10 of 2020 s. 4)
accessible copy (便於閱讀格式版), in relation to a copyright work, means a version which provides improved access to the work for a person with a print disability; (Amended 10 of 2020 s. 4)
authorized entity (獲授權實體) means a body—(a) that is in a jurisdiction outside Hong Kong that—
(i) is a member of the World Trade Organization; or
(ii) is a contracting party to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled adopted at Marrakesh in 2013, as revised or amended from time to time; and
(b) that—
(i) is not established or conducted for profit; and
(ii) has a main object or main function that is charitable or otherwise concerned with the advancement of welfare for persons with a print disability; (Added 10 of 2020 s. 4)

copy (文本)—see subsection (2); (Added 10 of 2020 s. 4)
lend (借出), in relation to a copy, means to make it available for use, otherwise than for direct or indirect economic or commercial advantage, on terms that it will be returned;

print disability (閱讀殘障), in relation to a person, means—
(a) blindness;
(b) an impairment of his visual function which cannot be improved by the use of corrective lenses to a level that would normally be acceptable for reading without a special level or kind of light;
(c) inability, through physical disability, to hold or manipulate a book; (Amended 10 of 2020 s. 4)
(d) inability, through physical disability, to focus or move his eyes to the extent that would normally be acceptable for reading; or (Amended 10 of 2020 s. 4)
(e) a perceptual or reading disability (including dyslexia) which cannot be improved to give the person (relevant person

40B. Making a single accessible copy for a person with a print disability
(1) Subject to section 40CC, if a person with a print disability possesses, or otherwise has lawful access to, a copy of the whole or part of a literary, dramatic, musical or artistic work (master copy