Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 89

Right to be identified as author or director

DIVISION IV

MORAL RIGHTS

Right to be identified as author or director

(1) The author of a copyright literary, dramatic, musical or artistic work,
and the director of a copyright film, has the right to be identified as the
author or director of the work in the circumstances mentioned in this section;
but the right is not infringed unless it has been asserted in accordance with
section 90.

(2) The author of a literary work (other than words intended to be sung or
spoken with music) or a dramatic work has the right to be identified whenever-

   (a)  the work is published commercially, performed in public, broadcast or
        included in a cable programme service; or

   (b)  copies of a film or sound recording including the work are issued or
        made available to the public, and that right includes the right to be
        identified whenever any of those events occur in relation to an
        adaptation of the work as the author of the work from which the
        adaptation was made.

(3) The author of a musical work, or a literary work consisting of words
intended to be sung or spoken with music, has the right to be identified
whenever-

   (a)  the work is published commercially, performed in public, broadcast or
        included in a cable programme service;

   (b)  copies of a sound recording of the work are issued or made available
        to the public; or

   (c)  a film of which the sound-track includes the work is shown in public
        or copies of such a film are issued or made available to the public,
        and that right includes the right to be identified whenever any of
        those events occur in relation to an adaptation of the work as the
        author of the work from which the adaptation was made.

(4) The author of an artistic work has the right to be identified whenever-

   (a)  the work is published commercially or exhibited in public, or a visual
        image of it is broadcast or included in a cable programme service;

   (b)  a film including a visual image of the work is shown in public or
        copies of such a film are issued or made available to the public; or

   (c)  in the case of a work of architecture in the form of a building or a
        model for a building, a sculpture or a work of artistic craftsmanship,
        copies of a graphic work representing it, or of a photograph of it,
        are issued or made available to the public.

(5) The author of a work of architecture in the form of a building also has
the right to be identified on the building as constructed or, where more than
one building is constructed to the design, on the first to be constructed.

(6) The director of a film has the right to be identified whenever the film is
shown in public, broadcast or included in a cable programme  service or copies
of the film are issued or made available to the public.

(7) The right of the author or director under this section is-

   (a)  in the case of commercial publication or the issue or making available
        to the public of copies of a film or sound recording, to be identified
        in or on each copy or, if that is not appropriate, in some other
        manner likely to bring his identity to the notice of a person
        acquiring a copy;

   (b)  in the case of identification on a building, to be identified by
        appropriate means visible to persons entering or approaching the
        building; and

   (c)  in any other case, to be identified in a manner likely to bring his
        identity to the notice of a person seeing or hearing the performance,
        exhibition, showing, broadcast or cable programme in question, and the
        identification must in each case be clear and reasonably prominent.

(8) If the author or director in asserting his right to be identified
specifies a pseudonym, initials or some other particular form of
identification, that form must be used; otherwise any reasonable form of
identification may be used.

(9) This section has effect subject to section 91. [ cf. 1988 c. 48 s. 77
U.K.]