Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 93

Exceptions to right

(1) The right conferred by section 92 (right to object to derogatory treatment
of work) is subject to the following exceptions.

(2) The right does not apply to a computer program or to any
computer-generated work.

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

(4) 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. Nor does the right
        apply in relation to any subsequent exploitation elsewhere of such a
        work without any modification of the published version.

(5) The right is not infringed by an act which by virtue of section  66 or 75
(acts permitted on assumptions as to expiry of copyright, etc.) would not
infringe copyright.

(6) Subject to subsection (7), the right is not infringed by anything done for
the purpose of-

   (a)  avoiding the commission of an offence; or

   (b)  complying with a duty imposed by or under an enactment.

(7) Where the author or director is identified at the time of the relevant act
under subsection (6) or has previously been identified in or on published
copies of the work, subsection (6) has effect only if there is a
sufficient disclaimer. [ cf. 1988 c. 48 s. 81 U.K.]