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What are the effects of the Copyright (Suspension of Amendments) Ordinance 2001 in terms of criminal liabilities?

The effects of the Copyright (Suspension of Amendments) Ordinance 2001 in terms of criminal liabilities are as follows -

(a)anyone who knowingly possesses an infringing copy of computer software, a movie, a television drama or music recording for the purpose of or in the course of any trade or business may be criminally liable;

(b)the use of parallel-imported computer software in business is not a criminal offence;

(c)anyone who deals in (i.e. buying, selling, distributing, importing or exporting otherwise than for private and domestic purposes) infringing copies of copyright works other than those mentioned in (item)(a) above may be criminally liable if he knows or has reason to believe that copies in question are infringing copies;

(d)and the use of infringing copies of copyright works other than those mentioned in (a) above in business is not a criminal offence.
The maximum penalty of the offence for (a) and (c) above is a fine of $50,000 per infringing copy and 4 years' imprisonment.


Can you give some practical guidelines on "dos" and "don'ts" in order to comply with the amended law?
The following guidelines may be useful -

Generally do not buy from unlicensed hawkers or temporary premises. Legitimate distributors of computer software, movies, television dramas or music recordings do not normally authorize such places to sell their products.
By all means seek the best price for the product; but if the price is no more than a fraction of the price for which an authorized version of the product is normally sold, this may be a clue that the copy may be pirated. If in doubt, approach the copyright owner for additional information.
If you are purchasing computer software for your business, get a set for each computer that will run the software, or purchase an appropriate network software licence.
Carefully study the licensing conditions to ensure that the software installed in your computers is properly licensed for use in your business. Be sure you know your rights and obligations.
Conduct periodic software auditing to ensure that only properly licensed computer software has been installed in any computer in your office.
Ensure that all employees in your office are fully aware of the company's policy and practice on the use of computer software.
Do not play music recording, movies or television drama videos for your business using pirated CDs, DVDs, VCDs or videotapes.
If you are an employee, do not use computer software for your job if you know or have reason to believe it is pirated.


What if I honestly believe that the copy of the computer software, movie, television drama or music recording that I possess for my business is a licensed copy, but it turns out to be infringing?

A person who possesses an infringing copy of computer software, a movie, a television drama or music recording for use in his business will not commit an offence if he or she does not know and has no reason to believe that the copy in question is an infringing copy. In case your business were suspected of breaking the law, showing that you have followed the "dos" and "don'ts" set out in question 9 could help you to demonstrate that you did not know and had no reason to believe that the copy is an infringing copy. The court will decide ultimately on the basis of all relevant facts and circumstances.

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