### Copyright Ordinance 《版權條例》

4. Literary, dramatic and musical works
(1) In this Part—
dramatic work (戲劇作品) includes a work of dance or mime;

literary work (文學作品) means any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes—
(a) a compilation of data or other material, in any form, which by reason of the selection or arrangement of its contents constitutes an intellectual creation, including but not limiting to a table;
(b) a computer program; and
(c) preparatory design material for a computer program;

musical work (音樂作品) means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
(2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
(3) It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the permission of the author; and where it is not recorded by the author, nothing in that subsection affects the question whether copyright subsists in the record as distinct from the work recorded.
[cf. 1988 c. 48 s. 3 U.K.]

5. Artistic works
In this Part—
artistic work (藝術作品) means—
(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality;
(b) a work of architecture being a building or a model for a building; or
(c) a work of artistic craftsmanship;

building (建築物) includes any fixed structure, and a part of a building or fixed structure;
graphic work (平面美術作品) includes—
(a) any painting, drawing, diagram, map, chart or plan; and
(b) any engraving, etching, lithograph, woodcut or similar work;

photograph (照片) means a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film;
sculpture (雕塑品) includes a cast or model made for purposes of sculpture.
[cf. 1988 c. 48 s. 4 U.K.]

### Copyright Ordinance 《版權條例》

6. Sound recordings
(1) In this Part sound recording (聲音紀錄) means—
(a) a recording of sounds, from which the sounds may be reproduced; or
(b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,
regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.

(2) Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.
[cf. 1988 c. 48 s. 5A U.K.]

7. Films
(1) In this Part film (影片) means a recording on any medium from which a moving image may by any means be produced.
(2) The sound-track accompanying a film is to be treated as part of the film for the purposes of this Part.
(3) Without prejudice to the generality of subsection (2), where that subsection applies—
(a) references in this Part to showing a film include playing the film sound-track to accompany the film; and
(b) references to playing a sound recording do not include playing the film sound-track to accompany the film.
(4) Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a previous film.
(5) Nothing in this section affects any copyright subsisting in a film sound-track as a sound recording. (Added 16 of 2022 s. 4)
[cf. 1988 c. 48 s. 5B U.K.]

### Copyright Ordinance 《版權條例》

8. Broadcasts
(1)  In this Part a broadcast (廣播) means a transmission by wireless telegraphy of sounds or of visual images and sounds or of representations thereof which—
(a) is capable of being lawfully received by members of the public in Hong Kong or elsewhere; or
(b) is transmitted for presentation to members of the public in Hong Kong or elsewhere,
otherwise than through a service for making works or fixations of performances available to the public. (Amended 16 of 2022 s. 5)

(2) An encrypted transmission is regarded as capable of being lawfully received by members of the public in Hong Kong or elsewhere only if decoding equipment has been made available to members of the public in Hong Kong or elsewhere by or with the authority of the person making the transmission or the person providing the contents of the transmission.
(3) References in this Part to the person making a broadcast, broadcasting a work, or including a work in a broadcast are—
(a) to the person transmitting the programme, if he has responsibility to any extent for its contents; and
(b) to any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission,
and references in this Part to a programme, in the context of broadcasting, are to any item included in a broadcast.
(4) For the purposes of this Part the place from which a broadcast is made is the place where, under the control and responsibility of the person making the broadcast, the programme-carrying signals are introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, the chain leading to the satellite and down towards the earth).
(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by means of a telecommunications system. (Amended 36 of 2000 s. 28)
(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the copyright in another broadcast or in a cable programme.
[cf. 1988 c. 48 s. 6 U.K.]

### Copyright Ordinance 《版權條例》

10. Published editions
(1) In this Part published edition (已發表版本), in the context of copyright in the typographical arrangement of a published edition, means a published edition of the whole or any part of one or more literary, dramatic or musical works.
(2) Copyright does not subsist in the typographical arrangement of a published edition if, or to the extent that, it reproduces the typographical arrangement of a previous edition.
[cf. 1988 c. 48 s. 8 U.K.]

11. Authorship of work
(1) In this Part author (作者), in relation to a work, means the person who creates it.
(2) That person is taken to be—
(a) in the case of a sound recording, the producer;
(b) in the case of a film, the producer and the principal director;
(c) in the case of a broadcast, the person making the broadcast (see section 8(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;
(d) in the case of a cable programme, the person providing the cable programme service in which the programme is included;
(e) in the case of the typographical arrangement of a published edition, the publisher.
(3) In the case of a literary, dramatic, musical or artistic work which is computer-generated, the author is taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.
(4) For the purposes of this Part a work is of unknown authorship (作者不為人知) if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known. (Amended E.R. 2 of 2019)
(5) For the purposes of this Part the identity of an author is regarded as unknown if it is not possible for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not subsequently be regarded as unknown.
[cf. 1988 c. 48 s. 9 U.K.]