Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 92

Right to object to derogatory treatment of work

Right to object to derogatory treatment of work

(1) The author of a copyright literary, dramatic, musical or artistic work,
and the director of a copyright film, has the right in the circumstances
mentioned in this section not to have his work subjected to derogatory
treatment.

(2) For the purposes of this section-

        (a)	"treatment" (處理) of a work means any addition to, deletion from 
or alteration to or adaptation of the work, other than-

        (i)    a translation of a literary or dramatic work; or

        (ii)   an arrangement or transcription of a musical work involving no
               more than a change of key or register; and

   (b)  the treatment of a work is derogatory if it amounts to distortion or
        mutilation of the work or is otherwise prejudicial to the honour or
        reputation of the author or director, and in the following provisions
        of this section references to a derogatory treatment of a work are
        construed accordingly.

(3) In the case of a literary, dramatic or musical work the right is infringed
by a person who-

   (a)  publishes commercially, performs in public, broadcasts or includes in
        a cable programme service a derogatory treatment of the work; or

   (b)  issues or makes available to the public copies of a film or
        sound recording of, or including, a derogatory treatment of the work.

(4) In the case of an artistic work the right is infringed by a person who-

   (a)  publishes commercially or exhibits in public a derogatory treatment of
        the work, or broadcasts or includes in a cable programme  service a
        visual image of a derogatory treatment of the work;

   (b)  shows in public a film including a visual image of a derogatory
        treatment of the work or issues or makes available to the public
        copies of such a film; or

   (c)  in the case of-

        (i)    a work of architecture in the form of a model for a building;

        (ii)   a sculpture; or

        (iii)  a work of artistic craftsmanship, issues or makes available to
               the public copies of a graphic work representing, or of a
               photograph of, a derogatory treatment of the work.

(5) Subsection (4) does not apply to a work of architecture in the form of a
building; but where the author of such a work is identified on the building
and it is the subject of derogatory treatment he has the right to require the
identification to be removed.

(6) In the case of a film, the right is infringed by a person who-

   (a)  shows in public, broadcasts or includes in a cable programme  service
        a derogatory treatment of the film; or

   (b)  issues or makes available to the public copies of a derogatory
        treatment of the film.

(7) The right conferred by this section extends to the treatment of parts of a
work resulting from a previous treatment by a person other than the author or
director, if those parts are attributed to, or are likely to be regarded as
the work of, the author or director.

(8) This section has effect subject to sections 93 and 94

(exceptions to and qualifications of right). [ cf. 1988 c. 48 s. 80 U.K.]

"treatment" (處理)