### Copyright Ordinance 《版權條例》

95. Infringement of right by possessing or dealing with infringing article
(1) The right conferred by section 92 (right to object to derogatory treatment of work) is also infringed by a person who—
(a) possesses for the purpose of or in the course of any trade or business; (Replaced 64 of 2000 s. 4)
(b) sells or lets for hire, or offers or exposes for sale or hire;
(c) exhibits in public or distributes for the purpose of or in the course of any trade or business; or (Replaced 64 of 2000 s. 4)
(d) distributes (otherwise than for the purpose of or in the course of any trade or business) so as to affect prejudicially the honour or reputation of the author or director, (Amended 64 of 2000 s. 4)
an article which is, and which he knows or has reason to believe is, an infringing article. (Amended 15 of 2007 s.26)
(1A) It is immaterial for the purpose of subsection (1)(a) and (c) whether or not the trade or business consists of dealing in infringing articles. (Added 64 of 2000 s. 4)
(2) An infringing article (侵犯權利物品) means a work or a copy of a work which—
(a) has been subjected to derogatory treatment within the meaning of section 92; and
(b) has been or is likely to be the subject of any of the acts mentioned in that section in circumstances infringing that right.
[cf. 1988 c. 48 s. 83 U.K.]

### Copyright Ordinance 《版權條例》

97. Duration of rights
(1) The rights conferred by section 89 (right to be identified as author or director) and section 92 (right to object to derogatory treatment of work) continue to subsist so long as copyright subsists in the work.
(2) The right conferred by section 96 (false attribution) continues to subsist until 20 years after a person’s death.
[cf. 1988 c. 48 s. 86 U.K.]

98. Consent and waiver of rights
(1) It is not an infringement of any of the rights conferred by this Division to do any act to which the person entitled to the right has consented.
(2) Any of those rights may be waived by instrument in writing signed by the person giving up the right.
(3) A waiver—
(a) may relate to a specific work, to works of a specified description or to works generally, and may relate to existing or future works; and
(b) may be conditional or unconditional and may be expressed to be subject to revocation,
and if made in favour of the owner or prospective owner of the copyright in the work or works to which it relates, it is presumed to extend to his licensees and successors in title unless a contrary intention is expressed.
(4) Nothing in this Division 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 mentioned in subsection (1).
[cf. 1988 c. 48 s. 87 U.K.]

### Copyright Ordinance 《版權條例》

99. Application of provisions to joint works
(1) The right conferred by section 89 (right to be identified as author or director) is, in the case of a work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted in accordance with section 90 by each joint author in relation to himself.
(2) The right conferred by section 92 (right to object to derogatory treatment of work) is, in the case of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the treatment in question.
(3) A waiver under section 98 of those rights by one joint author does not affect the rights of the other joint authors.
(4) The right conferred by section 96 (false attribution) is infringed, in the circumstances mentioned in that section—
(a) by any false statement as to the authorship of a work of joint authorship; and
(b) by the false attribution of joint authorship in relation to a work of sole authorship,
and such a false attribution infringes the right of every person to whom authorship of any description is, whether rightly or wrongly, attributed.
(5) The provisions of this section also apply (with any necessary adaptations) in relation to a film which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, a work of joint authorship.
A film is jointly directed (合作導演) if it is made by the collaboration of 2 or more directors and the contribution of each director is not distinct from that of the other director or directors. (Amended E.R. 2 of 2019)
[cf. 1988 c. 48 s. 88 U.K.]

100. Application of provisions to parts of works
(1) The right conferred by section 89 (right to be identified as author or director) applies in relation to the whole or any substantial part of a work.
(2) The rights conferred by section 92 (right to object to derogatory treatment of work) and section 96 (false attribution) apply in relation to the whole or any part of a work.
[cf. 1988 c. 48 s. 89 U.K.]

### Copyright Ordinance 《版權條例》

101. Assignment and licences
(1) Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
(2) An assignment or other transmission of copyright may be partial, that is, limited so as to apply—
(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do;
(b) to part, but not the whole, of the period for which the copyright is to subsist.
(3) An assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor.
(4) A licence granted by a copyright owner is binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner are construed accordingly.
[cf. 1988 c. 48 s. 90 U.K.]

102. Prospective ownership of copyright
(1) Without prejudice to sections 14 and 15, where by an agreement made in relation to future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the copyright to be vested in him, the copyright vests in the assignee or his successor in title by virtue of this subsection.
(2) In this Part—
future copyright (未來版權) means copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event; and
prospective owner (準擁有人) is construed accordingly, and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1).
(3) A licence granted by a prospective owner of copyright is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to doing anything with, or without, the licence of the copyright owner are construed accordingly.
[cf. 1988 c. 48 s. 91 U.K.]