### Copyright Ordinance 《版權條例》

208. Exclusive fixation contracts and persons having fixation rights
(1) In this Part an exclusive fixation contract (獨有錄製合約) means a contract between a performer and another person under which that person is entitled to the exclusion of all other persons (including the performer) to make fixations of one or more of the performer’s performances with a view to their commercial exploitation.
(2)  References in this Part to a person having fixation rights (具有錄製權的人), in relation to a performance, are (subject to subsection (3)) to a person— (Amended E.R. 2 of 2019)
(a) who is a party to and has the benefit of an exclusive fixation contract to which the performance is subject; or
(b) to whom the benefit of such a contract has been assigned,
and who is a qualifying person.

(3)  If a performance is subject to an exclusive fixation contract but the person mentioned in subsection (2) is not a qualifying person, references in this Part to a person having fixation rights (具有錄製權的人)in relation to the performance are to any person— (Amended E.R. 2 of 2019)
(a) who is licensed by such a person to make fixations of the performance with a view to their commercial exploitation; or
(b) to whom the benefit of such a licence has been assigned,
and who is a qualifying person.

(4) In this section with a view to commercial exploitation (以期作商業利用) means with a view to the fixations being sold or let for hire, or shown or played in public, or issued or made available to the public.
[cf. 1988 c. 48 s. 185 U.K.]

209. Consent required for fixation of performance subject to exclusive contract
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or that of the performer, makes a fixation of the whole or any substantial part of the performance, otherwise than for his private and domestic use.
(2) In an action for infringement of those 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.
[cf. 1988 c. 48 s. 186 U.K.]

### Copyright Ordinance 《版權條例》

210. Infringement of fixation rights by use of fixation made without consent
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or, in the case of a qualifying performance, that of the performer—
(a) shows or plays in public the whole or any substantial part of the performance; or
(b) communicates to the public the whole or any substantial part of the performance, (Amended 16 of 2022 s. 82)
by means of a fixation which was, and which that person knows or has reason to believe was, made without the appropriate consent.
(2) (Repealed 16 of 2022 s. 82)(3)  The reference in subsection (1) to the appropriate consent (適當的同意) is to the consent of— (Amended E.R. 2 of 2019; 16 of 2022 s. 82)
(a) the performer; or
(b) the person who at the time the consent was given had fixation rights in relation to the performance (or, if there was more than one such person, of all of them).
[cf. 1988 c. 48 s. 187 U.K.] 

### Copyright Ordinance 《版權條例》

211. Infringement of fixation rights by importing, exporting, possessing or dealing with infringing fixation
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, without the latter’s consent or, in the case of a qualifying performance, that of the performer—
(a) imports into Hong Kong or exports from Hong Kong, otherwise than for his private and domestic use; or
(b) for the purpose of or in the course of any trade or business— (Amended 15 of 2007 s. 52)
(i) possesses;
(ii) makes available to the public;
(iii) sells or lets for hire;
(iv) offers or exposes for sale or hire; or
(v) distributes, (Replaced 64 of 2000 s. 13)
a fixation of the performance which is, and which that person knows or has reason to believe is, an infringing fixation.
(1A) It is immaterial for the purpose of subsection (1)(b) whether or not the trade or business consists of dealing in infringing fixations. (Added 64 of 2000 s. 13)
(2) Where in an action for infringement of those rights brought by virtue of this section a defendant shows that the infringing fixation was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3) In subsection (2) innocently acquired (不知情地取得) means that the person acquiring the fixation did not know and had no reason to believe that it was an infringing fixation.
[cf. 1988 c. 48 s. 188 U.K.]

212. Acts permitted notwithstanding rights conferred by this Division
The provisions of Division II specify acts which may be done notwithstanding the rights conferred by this Part, being acts which correspond broadly to certain of those specified in Division III of Part II (acts permitted notwithstanding copyright).
[cf. 1988 c. 48 s. 189 U.K.]