### Copyright Ordinance 《版權條例》

272M. Transmission of moral rights on death
(1) On the death of a person entitled to the right conferred by section 272B (right to be identified as performer) or section 272E (right to object to derogatory treatment)—
(a) the right passes to such person as he may by testamentary disposition specifically direct;
(b) if there is no such direction but the performer’s economic rights conferred by Part III in respect of the performance in question form part of his estate, the right passes to the person to whom the economic rights pass; and
(c) if or to the extent that the right does not pass under paragraph (a) or (b), the right is exercisable by his personal representatives.
(2) Where a performer’s economic rights conferred by Part III and forming part of his estate pass in part to one person and in part to another, as for example where a bequest is limited so as to apply—
(a) to one or more, but not all, of the things the owner has the exclusive right to do or consent; or
(b) to part, but not the whole, of the period for which the rights subsist,
any right which passes with the performer’s economic rights by virtue of subsection (1)(b) is correspondingly divided.
(3) Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person, the following provisions have effect with respect to the right—
(a) it may, in the case of the right conferred by section 272B (right to be identified as performer), be asserted by any of them;
(b) it is, in the case of the right conferred by section 272E (right to object to derogatory treatment), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question; and
(c) any waiver of the right in accordance with section 272I by any of them does not affect the rights of the others.
(4) A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1).
(5) Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.

### Copyright Ordinance 《版權條例》

272N. Remedies for infringement of performers’ moral rights
(1) An infringement of the right conferred by section 272B (right to be identified as performer) or section 272E (right to object to derogatory treatment) is actionable as a breach of statutory duty owed to the person entitled to the right.
(2) In proceedings for infringement of the right conferred by section 272E, the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating a performer from the treatment of a live aural performance or a performance fixed in a sound recording.

272O. Presumptions relevant to sound recordings in which performances are fixed
In proceedings brought by virtue of this Part with respect to a sound recording in which a performance is fixed, where copies of the sound recording as issued or made available to the public bear a statement—
(a) that a named person was a performer in the performance; or
(b) that a named group of performers were the performers in the performance,
the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.

### Copyright Ordinance 《版權條例》

273. Interpretation of sections 273 to 273H
(1)  In sections 273A to 273H, circumvent (規避), in relation to an effective technological measure which has been applied in relation to a copyright work—
(a) where the use of the work is controlled through the measure by the copyright owner of the work, means to circumvent the measure without the authority of the copyright owner;
(b) where the use of the work is controlled through the measure by an exclusive licensee of the copyright owner of the work, means to circumvent the measure without the authority of the exclusive licensee; or
(c) where the use of the work is controlled through the measure by any other person who, with the licence of the copyright owner of the copyright work—
(i) issues to the public copies of the work; or (Amended 16 of 2022 s. 105)
(ii) communicates the work to the public, (Replaced 16 of 2022 s. 105)
(iii) (Repealed 16 of 2022 s. 105) means to circumvent the measure without the authority of that other person.

(2) For the purposes of this section and sections 273A to 273H, where a technological measure has been applied in relation to a copyright work, the measure is referred to as an effective technological measure if the use of the work is controlled by any person referred to in subsection (1)(a), (b) or (c) through—
(a) an access control or protection process (including the encryption, scrambling and any other transformation of the work) which achieves the intended protection of the work in the normal course of its operation; or
(b) a copy control mechanism which achieves the intended protection of the work in the normal course of its operation.
(3) In subsection (2)—
(a) technological measure (科技措施) means any technology, device, component or means which is designed, in the normal course of its operation, to protect any description of copyright work;
(b) the reference to protection of a copyright work is to the prevention or restriction of acts which are done without the licence of the copyright owner of the work and are restricted by the copyright in the work;
(c) the reference to use of a copyright work does not extend to any use of the work which is outside the scope of the acts restricted by the copyright in the work.
(Replaced 15 of 2007 s. 68)

### Copyright Ordinance 《版權條例》

273A. Rights and remedies in respect of circumvention of effective technological measures
(1) Subject to sections 273D and 273H, this section applies where an effective technological measure has been applied in relation to a copyright work, and a person does any act which circumvents the measure, knowing, or having reason to believe, that he is doing an act which circumvents the measure.
(2) The following persons have the same rights and remedies against the person referred to in subsection (1) as a copyright owner has in respect of an infringement of copyright—
(a) the copyright owner of the work;
(b) an exclusive licensee of the copyright owner of the work; and
(c) any other person who, with the licence of the copyright owner of the work—
(i) issues to the public copies of the work; or (Amended 16 of 2022 s. 106)
(ii) communicates the work to the public. (Replaced 16 of 2022 s. 106)
(iii) (Repealed 16 of 2022 s. 106)(3) The rights and remedies conferred by subsection (2) on the copyright owner, the exclusive licensee and the person referred to in subsection (2)(c) are concurrent.
(4) Sections 112(3) and 113(1), (4), (5) and (6) apply, with the necessary modifications, in proceedings in relation to the copyright owner, the exclusive licensee and the person referred to in subsection (2)(c), as they apply in proceedings in relation to a copyright owner and an exclusive licensee with concurrent rights and remedies.
(5) Sections 115, 116 and 117 (presumptions as to certain matters relating to copyright) apply, with the necessary modifications, in proceedings instituted under this section, as they apply in proceedings instituted under Part II (copyright).
(Added 15 of 2007 s. 69)