Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 91

Exceptions to right

(Past version on 30/06/1997).

(1) The right conferred by section 89 (right to be identified as author or
director) is subject to the following exceptions.

(2) The right does not apply in relation to the following descriptions of
work-

   (a)  a computer program;

   (b)  the design of a typeface;

   (c)  any computer-generated work.

(3) The right does not apply to anything done by or with the authority of the
copyright owner where copyright in the work originally vested in the author's
employer by virtue of section 14(1) (employee works).

(4) The right is not infringed by an act which by virtue of any of the
following provisions would not infringe copyright in the work-

   (a)  section 39 (fair dealing for certain purposes), so far as it relates
        to the reporting of current events by means of a sound recording,
        film, broadcast or cable programme;

   (b)  section 40 (incidental inclusion of work in an artistic work,
        sound recording, film, broadcast or cable programme);

   (c)  section 41(3) (examination questions);

   (ca) section 54B (Legislative Council); (Added 15 of 2007 s. 24)

   (d)  section 54 (judicial proceedings); (Amended 15 of 2007 s. 24)

   (e)  section 55(1) or (2) (statutory inquiries);

   (f)  section 66 or 75 (acts permitted on assumptions as to expiry of
        copyright, etc.).

(5) The right does not apply in relation to any work made for the purpose of
reporting current events.

(6) The right does not apply in relation to the publication in-

   (a)  a newspaper, magazine or similar periodical; or

   (b)  an encyclopaedia, dictionary, yearbook or other collective work of
        reference, of a literary, dramatic, musical or artistic work made for
        the purposes of such publication or made available with the consent of
        the author for the purposes of such publication.

(7) The right does not apply in relation to-

   (a)  a work in which Government copyright or Legislative Council  copyright
        subsists; or

   (b)  a work in which copyright originally vested in an international 
        organization by virtue of section 188, unless the author or director
        has previously been identified as such in or on published copies of
        the work. [ cf. 1988 c. 48 s. 79 U.K.]