||Title:||COPYRIGHT ORDINANCE||Gazette Number:|
|Section:||44||Heading:||Recording by educational establishments of broadcasts and cable programmes||Version Date:||30/06/1997|
(1) A recording of a broadcast or cable programme, or a copy of such a recording may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast or cable programme, or in any work included in it, if-
(2) Recording or copying is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the recording or copying in question and the person making the recording or copies knew or ought to have been aware of that fact.
(a) an acknowledgement of authorship or other creative effort contained in the work recorded is incorporated in the recording made by the establishment; and
(b) it is not made for gain.
(3) Where a recording or copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright, for all subsequent purposes.
For this purpose "dealt with" (進行交易) means sold or let for hire or offered or exposed for sale or hire.
[cf. 1988 c. 48 s. 35 U.K.]