### Copyright Ordinance 《版權條例》

194. Construction of references to copyright owner
(1) Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the person who is entitled to the aspect of copyright relevant for that purpose.
(2) Where copyright (or any aspect of copyright) is owned by more than one person jointly, references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of the licence of the copyright owner requires the licence of all of them.
[cf. 1988 c. 48 s. 173 U.K.]

195. Meaning of educational establishment and related expressions
(1) The expression educational establishment (教育機構) means an educational establishment specified in Schedule 1.
(2) In relation to an educational establishment the expressions teacher (教師) and pupil (學生) in this Part include, respectively, any person who gives and any person who receives instruction.
(3) References in this Part to anything being done on behalf of an educational establishment are to its being done for the purposes of that establishment by any person.
(4) The Secretary for Education may, by notice in the Gazette, amend Schedule 1. (Amended L.N. 130 of 2007)
[cf. 1988 c. 48 s. 174 U.K.]

### Copyright Ordinance 《版權條例》

196. Meaning of publication and commercial publication
(1) In this Part publication (發表), in relation to a work, means the issue or making available of copies of the work to the public; and related expressions are construed accordingly.
(2) In this Part commercial publication (商業發表), in relation to a literary, dramatic, musical or artistic work means issuing or making available copies of the work to the public at a time when copies made in advance of the receipt of orders are generally available to the public, and related expressions are construed accordingly.
(3) In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building is treated as equivalent to publication of the work.
(4) The following do not constitute publication for the purposes of this Part and references to commercial publication are construed accordingly—
(a) in the case of a literary, dramatic or musical work—
(i) the performance of the work; or
(ii) the broadcasting of the work or its inclusion in a cable programme service;
(b) in the case of an artistic work—
(i) the exhibition of the work;
(ii) the issue or making available to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship;
(iii) the issue or making available to the public of copies of a film including the work; or
(iv) the broadcasting of the work or its inclusion in a cable programme service ;
(c) in the case of a sound recording or film—
(i) the work being played or shown in public; or
(ii) the broadcasting of the work or its inclusion in a cable programme service.
(5) References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.
(6) No account is taken for the purposes of this section of any unauthorized act.
[cf. 1988 c. 48 s. 175 U.K.]

### Copyright Ordinance 《版權條例》

197. Requirement of signature: application in relation to body corporate
(1) The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—
section 90(3)(b) (assertion by licensor of right to identification of author in case of public exhibition of copy made in pursuance of the licence);
section 101(3) (assignment of copyright);
section 102(1) (assignment of future copyright);
section 103(1) (grant of exclusive licence).
(2) The requirement in the following provisions that an instrument be signed by a person is satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—
section 90(2)(b) (assertion by instrument in writing of right to have author identified);
section 98(2) (waiver of moral rights).
[cf. 1988 c. 48 s. 176 U.K.]

### Copyright Ordinance 《版權條例》

201. Qualifying performances
A performance is a qualifying performance for the purposes of the provisions of this Part relating to performers’ rights if it is given in Hong Kong or elsewhere by an individual domiciled or resident or having a right of abode in Hong Kong or elsewhere.
[cf. 1988 c. 48 s. 181 U.K.]

### Copyright Ordinance 《版權條例》

202. Consent required for fixation, etc. of unfixed performance
(1) A performer’s rights are infringed by a person who, without the performer’s consent—
(a) makes a fixation of the whole or any substantial part of a qualifying performance directly from the unfixed performance;
(b) communicates to the public live the whole or any substantial part of a qualifying performance; or (Replaced 16 of 2022 s. 77)
(c) makes a fixation of the whole or any substantial part of a qualifying performance directly from a communication to the public that includes the unfixed performance. (Replaced 16 of 2022 s. 77)
(2) A performer’s rights are not infringed by the making of any such fixation by a person for his private and domestic use.
(3) In an action for infringement of a performer’s rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.
(4) (Repealed 16 of 2022 s. 77)[cf. 1988 c. 48 s. 182 U.K.]

203. Consent required for copying of fixation
(1) A performer’s rights are infringed by a person who, without the performer’s consent, makes, otherwise than for his private and domestic use, a copy of a fixation of the whole or any substantial part of a qualifying performance; and references in this Part to copying and copies are construed as follows.
(2) It is immaterial whether the copy is made directly or indirectly.
(3) Making of a copy of a fixation means reproducing the fixation in any material form. This includes storing the fixation in any medium by electronic means, and making a copy that is transient or is incidental to some other use of the fixation. (Amended 16 of 2022 s. 78)
(4) The right of a performer under this section to authorize or prohibit the making of such copies is referred to in this Part as the right of reproduction (複製權). (Amended E.R. 2 of 2019)
[cf. 1988 c. 48 s. 182A U.K.]