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Chapter: | 528
 | Title: | COPYRIGHT ORDINANCE | Gazette Number: | 36 of 2000 |
| Section: | 8 | Heading: | Broadcasts | Version Date: | 16/06/2000 |
(1) In this Part a "broadcast" (廣播) means a transmission by wireless telegraphy of sounds or of visual images and sounds or of representations thereof which-
- (a) is capable of being lawfully received by members of the public in Hong Kong or elsewhere; or
(b) is transmitted for presentation to members of the public in Hong Kong or elsewhere,
(2) An encrypted transmission is regarded as capable of being lawfully received by members of the public in Hong Kong or elsewhere only if decoding equipment has been made available to members of the public in Hong Kong or elsewhere by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(3) References in this Part to the person making a broadcast, broadcasting a work, or including a work in a broadcast are-
- (a) to the person transmitting the programme, if he has responsibility to any extent for its contents; and
(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission,
(4) For the purposes of this Part the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).
(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system. (Amended 36 of 2000 s. 28)
(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.
[cf. 1988 c. 48 s. 6 U.K.]