### Copyright Ordinance 《版權條例》

272E. Right to object to derogatory treatment
(1) A performer of a live aural performance or a performer whose performance is fixed in a sound recording has the right not to have his performance subjected to derogatory treatment.
(2) The right is infringed by a person who does any of the following acts—
(a) in relation to a live aural performance, subjects the performance, or causes the performance to be subjected, to derogatory treatment when the performance is caused to be heard in public or is communicated to the public live; (Amended 16 of 2022 s. 104)
(b) in relation to a performance fixed in a sound recording—
(i) causes to be heard in public or communicates to the public the performance by means of the sound recording in a manner which subjects the performance to derogatory treatment; or (Amended 16 of 2022 s. 104)
(ii) (Repealed 16 of 2022 s. 104)(c) in relation to a performance which has been subjected to derogatory treatment and is fixed in a sound recording—
(i) causes to be heard in public or communicates to the public the sound recording. (Amended E.R. 2 of 2019; 16 of 2022 s. 104)
(ii) (Repealed 16 of 2022 s. 104)(3) For the purposes of this section—
(a)  treatment (處理)—
(i) in relation to a live aural performance, means any addition to, deletion from, alteration to or adaptation of the performance; or
(ii) in relation to a performance fixed in a sound recording, means any addition to, deletion from, alteration to or adaptation of the sound recording; and

(b) the treatment of a live aural performance or a performance fixed in a sound recording is derogatory if it amounts to distortion, mutilation or other modification that is prejudicial to the reputation of the performer.

### Copyright Ordinance 《版權條例》

272F. Infringing of right under section 272E by possessing or dealing with infringing articles
(1) The right conferred by section 272E (right to object to derogatory treatment) is also infringed by a person who—
(a) possesses for the purpose of or in the course of any trade or business; or
(b) sells or lets for hire, or offers or exposes for sale or hire, or distributes,
an article which is, and which he knows or has reason to believe is, an infringing article.
(2) In this section—

infringing article (侵犯權利物品) means a performance fixed in a sound recording which—
(a) has been subjected to derogatory treatment within the meaning of section 272E; and
(b) has been or is likely to be the subject of any of the acts referred to in that section in circumstances infringing that right.

272G. Exceptions to right under section 272E
(1) The right conferred by section 272E (right to object to derogatory treatment) does not apply in relation to any performance given for the purposes of reporting current events.
(2) The right is not infringed by modifications made to a performance which are consistent with normal editorial or production practice.
(3) Subject to subsection (4), the right is not infringed by an act done for the purpose of—
(a) avoiding the commission of an offence; or
(b) complying with a duty imposed by or under an enactment.
(4) Where a performer is identified at the time of the relevant act under subsection (3) or has previously been identified in or on published copies of sound recordings in which the relevant performance is fixed, subsection (3) has effect only if there is a sufficient disclaimer.
(5)  In subsection (4), sufficient disclaimer (足夠的卸責聲明) means a clear and reasonably prominent indication—
(a) given at the time of the relevant act under subsection (3); and
(b) if the performer is then identified, appearing along with the identification,
that the live aural performance or the performance fixed in a sound recording has been subjected to treatment to which the performer has not consented.

272H. Duration of rights
The rights conferred by section 272B (right to be identified as performer) and section 272E (right to object to derogatory treatment) continue to subsist so long as the performer’s rights conferred by Part III subsist in the sound recording in which the performance is fixed.

### Copyright Ordinance 《版權條例》

272I. Consent and waiver of rights
(1) It is not an infringement of any of the rights conferred by section 272B (right to be identified as performer) and section 272E (right to object to derogatory treatment) to do any act to which the person entitled to the right has consented.
(2) Any of the rights referred to in subsection (1) may be waived by instrument in writing signed by the person giving up the right.
(3) A waiver may relate to a specific performance, to performances of a specified description or to performances generally, and may relate to existing or future performances.
(4) A waiver may be conditional or unconditional, and may be expressed to be subject to revocation.
(5) If a waiver is made in favour of the owner or prospective owner of the right in the performance, it is presumed to extend to his licensees and successors in title unless a contrary intention is expressed.
(6) Nothing in this Part is to be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights referred to in subsection (1).
(7) In this section, performance (表演) means a live aural performance or a performance fixed in a sound recording.

272J. Application of provisions to joint performers
(1) The right conferred by section 272B (right to be identified as performer) is, in the case of joint performership, a right of each joint performer to be identified as a joint performer and must be asserted in accordance with section 272C by each joint performer in relation to himself.
(2) The right conferred by section 272E (right to object to derogatory treatment) is, in the case of joint performership, a right of each joint performer and his right is satisfied if he consents to the treatment in question.
(3) A waiver under section 272I of those rights by one joint performer does not affect the rights of the other joint performer or performers.
(4) If there are 2 or more performers in a live aural performance or a performance fixed in a sound recording, the performers may enter into a joint performership agreement in writing by which each of them agrees not to exercise his right conferred by section 272E (right to object to derogatory treatment) in respect of the live aural performance or the performance fixed in a sound recording, as the case may be, except jointly with the other performer or performers.

### Copyright Ordinance 《版權條例》

272K. Application of provisions to part of performance
(1) The right conferred by section 272B (right to be identified as performer) applies in relation to the whole or any substantial part of a live aural performance or a performance fixed in a sound recording.
(2) The right conferred by section 272E (right to object to derogatory treatment) applies in relation to the whole or any part of a live aural performance or a performance fixed in a sound recording.

272L. Moral rights not assignable
The rights conferred by section 272B (right to be identified as performer) and section 272E (right to object to derogatory treatment) are not assignable.