### Copyright Ordinance 《版權條例》

90. Requirement that right be asserted
(1) A person does not infringe the right conferred by section 89 (right to be identified as author or director) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act.
(2) The right may be asserted generally, or in relation to any specified act or description of acts—
(a) on an assignment of copyright in the work, by including in the instrument effecting the assignment a statement that the author or director asserts in relation to that work his right to be identified; or
(b) by instrument in writing signed by the author or director.
(3) The right may also be asserted in relation to the public exhibition of an artistic work—
(a) by securing that when the author or other first owner of copyright parts with possession of the original, or of a copy made by him or under his direction or control, the author is identified on the original or copy, or on a frame, mount or other thing to which it is attached; or
(b) by including in a licence by which the author or other first owner of copyright authorizes the making of copies of the work a written statement signed by or on behalf of the person granting the licence that the author asserts his right to be identified in the event of the public exhibition of a copy made in pursuance of the licence.
(4) The persons bound by an assertion of the right under subsection (2) or (3) are—
(a) in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through him, whether or not he has notice of the assertion;
(b) in the case of an assertion under subsection (2)(b), anyone to whose notice the assertion is brought;
(c) in the case of an assertion under subsection (3)(a), anyone into whose hands that original or copy comes, whether or not the identification is still present or visible;
(d) in the case of an assertion under subsection (3)(b), the licensee and anyone into whose hands a copy made in pursuance of the licence comes, whether or not he has notice of the assertion.
(5) In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.
[cf. 1988 c. 48 s. 78 U.K.]

### Copyright Ordinance 《版權條例》

91. Exceptions to right
(1) The right conferred by section 89 (right to be identified as author or director) is subject to the following exceptions.
(2) The right does not apply in relation to the following descriptions of work—
(a) a computer program;
(b) the design of a typeface;
(c) any computer-generated work.
(3) The right does not apply to anything done by or with the authority of the copyright owner where copyright in the work originally vested in the author’s employer by virtue of section 14(1) (employee works).
(4) The right is not infringed by an act which by virtue of any of the following provisions would not infringe copyright in the work—
(a) section 39 (criticism, review, quotation, and reporting and commenting on current events); (Replaced 16 of 2022 s. 58)
(ab) section 39A (parody, satire, caricature and pastiche); (Added 16 of 2022 s. 58)
(b) section 40 (incidental inclusion of work in an artistic work, sound recording, film, broadcast or cable programme);
(c) section 41(3) (examination questions);
(ca) section 54B (Legislative Council); (Added 15 of 2007 s. 24)
(d) section 54 (judicial proceedings); (Amended 15 of 2007 s. 24)
(e) section 55(1) or (2) (statutory inquiries);
(f) section 66 or 75 (acts permitted on assumptions as to expiry of copyright, etc.).
(5) The right does not apply in relation to any work made for the purpose of reporting current events.
(6) The right does not apply in relation to the publication in—
(a) a newspaper, magazine or similar periodical; or
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
(7) The right does not apply in relation to—
(a) a work in which Government copyright or Legislative Council copyright subsists; or
(b) a work in which copyright originally vested in an international organization by virtue of section 188,
unless the author or director has previously been identified as such in or on published copies of the work.
[cf. 1988 c. 48 s. 79 U.K.]

### Copyright Ordinance 《版權條例》

93. Exceptions to right
(1) The right conferred by section 92 (right to object to derogatory treatment of work) is subject to the following exceptions.
(2) The right does not apply to a computer program or to any computer-generated work.
(3) The right does not apply in relation to any work made for the purpose of reporting current events.
(4) The right does not apply in relation to the publication in—
(a) a newspaper, magazine or similar periodical; or
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference,
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without any modification of the published version.
(5) The right is not infringed by an act which by virtue of section 66 or 75 (acts permitted on assumptions as to expiry of copyright, etc.) would not infringe copyright.
(6) Subject to subsection (7), the right is not infringed by anything done for the purpose of—
(a) avoiding the commission of an offence; or
(b) complying with a duty imposed by or under an enactment.
(7) Where the author or director is identified at the time of the relevant act under subsection (6) or has previously been identified in or on published copies of the work, subsection (6) has effect only if there is a sufficient disclaimer.
[cf. 1988 c. 48 s. 81 U.K.]

94. Qualification of right in certain cases
(1) This section applies to—
(a) works in which copyright originally vested in the author’s employer by virtue of section 14(1) (works produced in course of employment);
(b) works in which Government copyright or Legislative Council copyright subsists; and
(c) works in which copyright originally vested in an international organization by virtue of section 188.
(2) The right conferred by section 92 (right to object to derogatory treatment of work) does not apply to anything done in relation to a work referred to in subsection (1) by or with the authority of the copyright owner unless the author or director—
(a) is identified at the time of the relevant act; or
(b) has previously been identified in or on published copies of the work,
and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer.
[cf. 1988 c. 48 s. 82 U.K.]