Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 17

Duration of copyright in literary, dramatic, musical or artistic works

Duration of copyright

(1) The following provisions have effect with respect to the duration of
copyright in a literary, dramatic, musical or artistic work.

(2) Copyright expires at the end of the period of 50 years from the end of the
calendar year in which the author dies, subject as follows.

(3) If the work is of unknown authorship, copyright expires-

   (a)  at the end of the period of 50 years from the end of the calendar year
        in which the work was first made; or

   (b)  if during that period the work is made available to the public, at the
        end of the period of 50 years from the end of the calendar year in
        which it is first so made available, subject as follows.

(4) Subsection (2) applies if the identity of the author becomes known before
the end of the period specified in subsection (3)(a) or (b).

(5) For the purposes of subsection (3) making available to the public
includes-

   (a)  in the case of a literary, dramatic or musical work-

        (i)    performance in public; or

        (ii)   being broadcast or included in a cable programme service;

   (b)  in the case of an artistic work-

        (i)    exhibition in public;

        (ii)   a film including the work being shown in public; or

        (iii)  being included in a broadcast or cable programme service;

   (c)  making available of copies of a work to the public within the meaning
        of section 26, but in determining generally for the purposes of that
        subsection whether a work has been made available to the public no
        account is to be taken of any unauthorized act.

(6) If the work is computer-generated the above provisions do not apply and
copyright expires at the end of the period of 50 years from the end of the
calendar year in which the work was made.

(7) The provisions of this section are adapted as follows in relation to a
work of joint authorship-

   (a)  the reference in subsection (2) to the death of the author is to be
        construed-

        (i)    if the identity of all the authors is known, as a reference to
               the death of the last of them to die; and

        (ii)   if the identity of one or more of the authors is known and the
               identity of one or more others is not, as a reference to the
               death of the last whose identity is known; and

   (b)  the reference in subsection (4) to the identity of the author becoming
        known is to be construed as a reference to the identity of any of the
        authors becoming known.

(8) This section does not apply to Government copyright or
Legislative Council copyright (see sections 182 to 184) or to copyright which
subsists by virtue of section 188 (copyright of certain
international organizations). <* Note - Exp. X-Ref.: Sections 182, 183, 
 184 *> [ cf. 1988 c. 48 s. 12 U.K.]