6. I have bought a pirate VCD on the street, am I liable for copyright infringement?

6. I have bought a pirate VCD on the street, am I liable for copyright infringement?

Under the Copyright Ordinance, the mere purchase of a pirate VCD is not an infringing (illegal) act. However, you should note that if you possess a pirate VCD in the course of trade or business, you will be liable for secondary infringement which incurs civil liability. That is, the owner of the copyright in that VCD can sue you for compensation. Furthermore, if your possession of the pirate VCD in the course of trade or business is with a view to committing further acts of infringement, your possession will also give rise to criminal liability in which you are liable to a fine and imprisonment.

Apart from this, if you perform certain acts in respect of the pirate VCD, such as making an additional copy of the VCD, or showing the film contained in the VCD in public, you will certainly incur liability for such acts of infringement.