Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 208

Exclusive fixation contracts and persons having fixation rights

Rights of person having fixation rights

(1) In this Part an "exclusive fixation contract" (獨有錄製合約) means a
contract between a performer and another person under which that person is
entitled to the exclusion of all other persons (including the performer) to
make fixations of one or more of the performer's performances with a view to
their commercial exploitation.

(2) References in this Part to a "person having fixation rights", in relation
to a performance, are (subject to subsection (3)) to a person-

   (a)  who is a party to and has the benefit of an exclusive fixation 
        contract to which the performance is subject; or

   (b)  to whom the benefit of such a contract has been assigned, and who is a
        qualifying person.

(3) If a performance is subject to an exclusive fixation contract but the
person mentioned in subsection (2) is not a qualifying person,
references in this Part to a "person having fixation rights" in relation to
the performance are to any person-

   (a)  who is licensed by such a person to make fixations of the performance
        with a view to their commercial exploitation; or

   (b)  to whom the benefit of such a licence has been assigned, and who is a
        qualifying person.

(4) In this section "with a view to commercial exploitation"
(以期作商業利 用) means with a view to the fixations being sold or let
for hire, or shown or played in public, or issued or made available to the
public. [ cf. 1988 c. 48 s. 185 U.K.]

"exclusive fixation contract" (獨有錄製合約)

"person having fixation rights"

"with a view to commercial exploitation" (以期作商業利用)