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528 PDFTitle:COPYRIGHT ORDINANCEGazette Number:L.N. 130 of 2007
Section:70Heading:Recordings of folksongsVersion Date:01/07/2007
Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a body designated under subsection (4)(b) without infringing any copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) below are met.
(2) The conditions are that-
        (a) the words are unpublished and of unknown authorship at the time the recording is made;
        (b) the making of the recording does not infringe any other copyright; and
        (c) its making is not prohibited by any performer.
(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a body designated under subsection (4)(b) may, if the conditions prescribed under subsection (4)(a) are met, be made and supplied by the archivist without infringing copyright in the recording or the works included in it.
(4) The Secretary for Commerce and Economic Development may for the purposes of this section by regulation- (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
        (a) prescribe conditions; and
        (b) designate bodies, and he shall not designate a body unless he is satisfied that the body is not established or conducted for profit.
(5) The conditions prescribed under subsection (4)(a) must include-
        (a) that copies are only supplied to persons satisfying the archivist that they require them for the purposes of research or private study and will not use them for any other purpose; and
        (b) that no person is furnished with more than one copy of the same recording.
(6) In this section, references to the archivist include a person acting on his behalf.
[cf. 1988 c. 48 s. 61 U.K.]