The Government today (July 11) published in the Gazette two pieces of subsidiary legislation under the Copyright Ordinance (Cap. 528) (the Ordinance), namely the Copyright (Libraries, Museums and Archives—Prescribed Conditions for Making Copy) Regulation and the Copyright (Specified Libraries, Museums and Archives under Sections 47 to 53) Notice.
 
     The above two pieces of subsidiary legislation are made under section 46(1) of the Ordinance. They aim to specify libraries, museums and archives and prescribe conditions for certain permitted acts for use of copyright works, and at the same time replace the Copyright (Libraries) Regulations (Cap. 528B) currently governing some of the relevant permitted acts.
 
     A spokesman for the Commerce and Economic Development Bureau said, "The Copyright (Amendment) Ordinance 2022 (the Amendment Ordinance), which came into operation on May 1, 2023, not only has strengthened copyright protection in the digital environment, but also maintained a proper balance between copyright protection and reasonable use of copyright works. The Amendment Ordinance has introduced and expanded the permitted acts for specified libraries, museums and archives to facilitate their reasonable use of copyright works in their collections during daily operations, promoting research, private study, as well as knowledge dissemination and preservation of historical and cultural heritage. Therefore, it is necessary to update the relevant subsidiary legislation to facilitate the above."
 
     The spokesperson added that the Government had earlier conducted a public consultation on the legislative proposals for the two pieces of subsidiary legislation and had carefully considered and taken on board the views of stakeholders. The proposals will provide specified libraries, museums and archives with a statutory framework which is clear and complies with the Ordinance, thereby enabling them to more effectively perform and fulfil their functions in education and the inheritance of knowledge and culture.
 
     The two pieces of subsidiary legislation will be tabled before the Legislative Council on July 16 for negative vetting. Upon completion of the relevant legislative procedures, the Government will carry out publicity and educational activities to enhance the awareness of the relevant provisions among the specified libraries, museums, archives and their users, and to enable the relevant stakeholders to get fully prepared before the two pieces of subsidiary legislation come into effect on January 1 next year.

Ends/Friday, July 11, 2025
Issued at HKT 11:00

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