Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 182

Government copyright

DIVISION XI

MISCELLANEOUS AND GENERAL

Government and Legislative Council copyright

(1) Where a work is made by an officer of the Government in the course of his
duties-

   (a)  the work qualifies for copyright protection notwithstanding
        section 177 (ordinary requirement as to qualification for copyright
        protection); and

   (b)  the Government is the first owner of any copyright in the work.

(2) Copyright in such a work is referred to in this Part as "G overnment
copyright", notwithstanding that it may be, or have been, assigned to another
person.

(3) Government copyright in a work continues to subsist-

   (a)  until the end of the period of 125 years from the end of the calendar
        year in which the work was made; or

   (b)  if the work is published commercially before the end of the period of
        75 years from the end of the calendar year in which it was made, until
        the end of the period of 50 years from the end of the calendar year in
        which it was first so published.

(4) In the case of a work of joint authorship where one or more but not all of
the authors are persons falling within subsection (1), this section applies
only in relation to those authors and the copyright subsisting by virtue of
their contribution to the work.

(5) Except as mentioned above, and subject to any express exclusion elsewhere
in this Part, the provisions of this Part apply in relation to
Government copyright as to other copyright.

(6) This section does not apply to a work if, or to the extent that,
Legislative Council copyright subsists in the work (see sections 184 and 185).
[ cf. 1988 c. 48 s. 163 U.K.]

"Government copyright"