Law / Hong Kong

Copyright Ordinance, sections 60 and 61, lawful user of a computer program may make a back-up copy, and copy or adapt it

Copyright Ordinance (Cap. 528), ss. 60-61

In force since .

A copyright: the exclusive rights rule binding public and private bodies.

Instrument type
an act of a legislature

As of .

What it requires

  • If you have a contractual right to use a copy of a computer program, you may make a back-up copy of it without infringing the copyright if you need the back-up copy for your lawful use; an agreement to the contrary overrides this permission (s. 60).
  • If you are a lawful user of a copy of a computer program, you may copy or adapt it without infringing the copyright where that is necessary for your lawful use, including to correct errors in it (s. 61(1), (2)).
  • The permission in section 61 covers only copying or adapting that is necessary for the lawful use, and does not cover copying that section 60 already permits (s. 61(1), (3)).

These lines are LexLint's reading of the law's text, as of .

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 60(1) of the Copyright Ordinance permits a lawful user of a copy of a computer program to make a back-up copy of the program without infringing the copyright in the program if it is necessary for the user to have the back-up copy for the purposes of the user's lawful use. A person is a lawful user of a computer program if the person has a contractual right to use the program, and section 60 has effect subject to any agreement to the contrary.

Section 61(1) permits a lawful user of a copy of a computer program to copy or adapt the program without infringing the copyright in the program if the copying or adapting is necessary for the user's lawful use. A lawful user may, in particular, if it is necessary for the lawful use of the program, copy the program or adapt it for the purpose of correcting errors in it.

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