COPYRIGHT ORDINANCE

COPYRIGHT ORDINANCE

Copyright. [CAP. 39

CHAPTER 39.
COPYRIGHT.

To modify and to add lo lite provisions of the Copyright

Act, 1911, in its application to the Colony of Hong Kong.

11 of 1918.

22 of 1960.

[30th August, 1918.]

1. This Ordinance may be cited as the Copyright Short title.

Ordinance.

Modifications.

2. For the purpose of the application of section 14 of the Copyright
Act, 1911 to the importation into this Colony of works made out of the
Colony-

(a)the Director of Commerce and Industry shall perform the
duties and may exercise the powers thereby imposed on or
given to the Commissioners of Customs and Excise of the
United Kingdom;

(b) regulations made by the Director of Commerce and
Industry under that section shall require the approval

of the Governor in Council;

(c)regulations made under that section may provide that notices
given to the Commissioners of Customs and Excise of the
United Kingdom, if communicated by them to the Director of
Commerce and Industry, shall be deemed to have been given
by the owner of the copyright to the Director of Commerce
and Industry;

(d) that section shall have effect as if it formed part of
the Importation and Exportation Ordinance.

3. (1) Any person who knowingly-



(a) makes for sale or hire any infringing copy of a work


in which copyright subsists; or

(b) sells or lets for hire, or by way of trade exposes or
offers for sale or hire, any infringing copy of any
such work; or

(c)distributes infringing copies of any such work either for the
purposes of trade or to such an extent as to affect
prejudicially the owner of a copyright ; or

(d)by way of trade exhibits in public any infringing copy of any
such work; or

327





(e)imports for sale or hire into the Colony any infringing
copy of any such work,

shall be guilty of an offence and shall upon summary conviction
be liable to a fine of fifty dollars for every copy dealt with in
contravention of this section, but not exceeding one thousand
dollars in respect of the sanie transaction, or in the case of a
second or subsequent offence, either to stich fine or to
imprisonment for three months.

(2) Any person who knowingly makes or has in his possession
any plate for the purpose of making infringing copies of any
work in which copyright subsists, or knowingly and for his
private profit causes any such work to be performed in public
without the consent of the owner of the copyright, shall be guilty
of an offence, and shall upon summary conviction be liable to a
fine of one thousand dollars, or in the case of a second or
subsequent offence, either to such fine or to imprisonment for
three months.

(3) The magistrate before whom any such proceedings are
taken may, whether the alleged offender is convicted or not,
order that all copies of the work or all plates in the possession of
the alleged offender, which appear to him to be infringing copies
or plates for the purpose of making infringing copies, be
destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the magistrate may think fit.
Originally 11 of 1918. Fraser. 11 of 1918. 22 of 1950. Short title. Modifications. 1 & 2 Geo. 5, c. 46, s. 14. (Cap. 50.) Penalties for dealing with infringing copies, etc. 1 & 2 Geo. 5, c. 46, s. 11. [s. 3 cont.] 22 of 1950, Schedule. 22 of 1950, Schedule.

Originally 11 of 1918. Fraser. 11 of 1918. 22 of 1950. Short title. Modifications. 1 & 2 Geo. 5, c. 46, s. 14. (Cap. 50.) Penalties for dealing with infringing copies, etc. 1 & 2 Geo. 5, c. 46, s. 11. [s. 3 cont.] 22 of 1950, Schedule. 22 of 1950, Schedule.

https://oelawhk.lib.hku.hk/items/show/1704

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