Page:Copyright Ordinance 1973 (Cap. 39).pdf/2

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A12
Ord. No. 5/73
COPYRIGHT

"Director" means the Director of Commerce and Industry, the Deputy Director and any Assistant Director of Commerce and Industry;

"plate" has the meaning assigned by the Act and also includes any machine, device or equipment.

(2) Subject to the provisions of this Ordinance, any word or expression used herein to which a meaning is assigned by the Act shall have in or for the purpose of this Ordinance the meaning that it has in or for the purposes of the Act.

Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations.
Schedule.
3. The Act as extended to Hong Kong shall apply in Hong Kong to every television broadcast and every sound broadcast made by any organization specified in the Schedule from a place in Hong Kong as it applies to every television broadcast and every sound broadcast made by the British Broadcasting Corporation or the Independent Television Authority from a place in the United Kingdom.

Transmission of authorized broadcasts by a diffusion service.
Schedule.
[cf. 1956 c. 74, s. 40(3).]
4. (1) Where a television broadcast or sound broadcast is made by any organization specified in the Schedule from a place in Hong Kong, and the broadcast is an authorized broadcast within the meaning of section 40 of the Act, any person who, by the reception of the broadcast, causes a programme to be transmitted to subscribers to a diffusion service, being a programme comprising a literary, dramatic or musical work, or an adaptation of such a work, or an artistic work, or a cinematograph film, shall be in the like position, in any proceedings for infringement of the copyright (if any) in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film in any programme caused to be transmitted by him to subscribers to that service by the reception or the broadcast.

(2) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorized broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.

Offences of possession of infringing copy of a protected work.5. (1) Without prejudice to section 21 of the Act, any person who, at a time when copyright subsists in a work or other subject matter under the Act or this Ordinance, has in his possession for the purposes of trade or business—

(a) any article that is an infringing copy of such a work of other subject matter; or

(b) any plate used or intended to be used for making infringing copies of such a work or other subject matter,