Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 96

False attribution of work

(Past version on 01/04/2001).
(Past version on 30/06/1997).

False attribution of work

(1) A person has the right in the circumstances mentioned in this section-

   (a)  not to have a literary, dramatic, musical or artistic work falsely
        attributed to him as author; and

   (b)  not to have a film falsely attributed to him as director,
and in this section an "attribution" (署名), in relation to such a work,
means a statement (express or implied) as to who is the author or director.

(2) The right is infringed by a person who-

   (a)  issues or makes available to the public copies of a work of any of
        those descriptions in or on which there is a false attribution; or

   (b)  exhibits in public an artistic work, or a copy of an artistic  work,
        in or on which there is a false attribution.

(3) The right is also infringed by a person who-

   (a)  in the case of a literary, dramatic or musical work, performs the work
        in public, broadcasts it or includes it in a cable programme  service
        as being the work of a person; or

   (b)  in the case of a film, shows it in public, broadcasts it or includes
        it in a cable programme service as being directed by a person, knowing
        or having reason to believe that the attribution is false.

(4) The right is also infringed by a person who issues or makes available to
the public or displays in public material containing a false attribution in
connection with any of the acts mentioned in subsection (2) or (3).

(5) The right is also infringed by a person who for the purpose of or in the
course of any trade or business- (Amended 64 of 2000 s. 5; 15 of 2007 s. 27)

   (a)  possesses or deals with a copy of a work of any of the descriptions
        mentioned in subsection (1) in or on which there is a false
        attribution; or

   (b)  in the case of an artistic work, possesses or deals with the work
        itself when there is a false attribution in or on it, knowing or
        having reason to believe that there is such an attribution and that it
        is false.

(6) In the case of an artistic work the right is also infringed by a person
who for the purpose of or in the course of any trade or business- (Amended 64
of 2000 s. 5; 15 of 2007 s. 27)

   (a)  deals with a work which has been altered after the author parted with
        possession of it as being the unaltered work of the author; or

   (b)  deals with a copy of such an altered work as being a copy of the
        unaltered work of the author, knowing or having reason to believe that
        that is not the case.

(6A) It is immaterial for the purpose of subsections (5) and (6) whether or
not the trade or business consists of dealing in-

   (a)  works or copies of works in or on which there are false attributions;
        or

   (b)  altered works or copies of altered works. (Added 64 of 2000 s. 5)

(7) References in this section to dealing are to selling or letting for hire,
offering or exposing for sale or hire, exhibiting in public, or distributing.

(8) This section applies where, contrary to the fact-

   (a)  a literary, dramatic or musical work is falsely represented as being
        an adaptation of the work of a person; or

   (b)  a copy of an artistic work is falsely represented as being a copy made
        by the author of the artistic work, as it applies where the work is
        falsely attributed to a person as author. [ cf. 1988 c. 48 s. 84 U.K.]

"attribution" (署名)