### Copyright Ordinance 《版權條例》

218. Exclusive licences
(1) In this Part an exclusive licence (專用特許) means a licence in writing signed by or on behalf of the owner of a performer’s economic rights authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to do anything requiring the consent of the rights owner.
(2) The licensee under an exclusive licence has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
[cf. 1988 c. 48 s. 191D U.K.]

219. Performer’s economic right to pass under will with unpublished original fixation
Where under a bequest (whether general or specific) a person is entitled beneficially or otherwise to any material thing containing an original fixation of a performance which was not published before the death of the testator, the bequest is, unless a contrary intention is indicated in the testator’s will or a codicil to it, to be construed as including any performer’s rights in relation to the fixation to which the testator was entitled immediately before his death.
[cf. 1988 c. 48 s. 191E U.K.]

220. Infringement actionable by rights owner
(1) An infringement of a performer’s economic rights or of any right conferred by this Part on a person having fixation rights is actionable by the rights owner.
(2) In an action for infringement of a performer’s economic rights or of any right conferred by this Part on a person having fixation rights all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
(3) This section has effect subject to the following provisions of this Part.
[cf. 1988 c. 48 s. 191I U.K.]

### Copyright Ordinance 《版權條例》

221. Provisions as to damages in infringement action
(1) Where in an action for infringement of a performer’s economic rights or of any right conferred by this Part on a person having fixation rights it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that the rights subsisted in the fixation to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
(2) The court may in an action for infringement of a performer’s economic rights or of any right conferred by this Part on a person having fixation rights having regard to all the circumstances, and in particular to—
(a) the flagrancy of the infringement;
(b) any benefit accruing to the defendant by reason of the infringement; (Amended 16 of 2022 s. 84)
(c) the completeness, accuracy and reliability of the defendant’s business accounts and records; (Amended 16 of 2022 s. 84)
(d) any unreasonable conduct of the defendant after the act constituting the infringement occurred, including any act done or attempt made by the defendant to destroy, conceal or disguise evidence of the infringement after having been informed of the infringement by the plaintiff; and (Added 16 of 2022 s. 84)
(e) the likelihood of widespread circulation of infringing copies as a result of the infringement, (Added 16 of 2022 s. 84)
award such additional damages as the justice of the case may require.
[cf. 1988 c. 48 s. 191J U.K.]

222. Right and remedies for exclusive licensee
(1) An exclusive licensee has, except against the owner of a performer’s economic rights, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
(2) His rights and remedies are concurrent with those of the rights owner; and references in the relevant provisions of this Part to the rights owner are to be construed accordingly.
(3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the rights owner.
[cf. 1988 c. 48 s. 191L U.K.]

### Copyright Ordinance 《版權條例》

223. Exercise of concurrent rights
(1) Where an action for infringement of a performer’s economic rights brought by the rights owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the rights owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as plaintiff or added as a defendant.
(2) A rights owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.
(3) The above provisions do not affect the granting of interlocutory relief on an application by the rights owner or exclusive licensee alone.
(4) Where an action for infringement of a performer’s economic rights is brought which relates (wholly or partly) to an infringement in respect of which the rights owner and an exclusive licensee have or had concurrent rights of action—
(a) the court shall in assessing damages take into account—
(i) the terms of the licence; and
(ii) any pecuniary remedy already awarded or available to either of them in respect of the infringement;
(b) no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
(c) the court shall if an account of profits is directed apportion the profits between them as the court considers just, subject to any agreement between them,
and these provisions apply whether or not the rights owner and the exclusive licensee are both parties to the action.
(5) The owner of a performer’s economic rights shall notify any exclusive licensee having concurrent rights before applying for an order under section 228 (order for delivery up); and the court may on the application of the licensee make such order under section 228 as it thinks fit having regard to the terms of the licence.
[cf. 1988 c. 48 s. 191M U.K.]

### Copyright Ordinance 《版權條例》

224. Performers’ non-economic rights
(1) The rights conferred on a performer by—
section 202 (consent required for fixation, etc. of unfixed performance);
section 206 (infringement of performer’s rights by use of fixation made without consent); and
section 207 (infringement of performer’s rights by importing, exporting, possessing or dealing with infringing fixation),
are not assignable or transmissible, except to the following extent.
They are referred to in this Part as a performer’s non-economic rights.
(2) On the death of a person entitled to any such right—
(a) the right passes to such person as he may by testamentary disposition specifically direct; and
(b) if or to the extent that there is no such direction, the right is exercisable by his personal representatives.
(3) References in this Part to the performer, in the context of the person having any such right, are to be construed as references to the person for the time being entitled to exercise those rights.
(4) Where by virtue of subsection (2)(a) a right becomes exercisable by more than one person, it is exercisable by each of them independently of the other or others.
(5) Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death devolves as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
[cf. 1988 c. 48 s. 192A U.K.]

225. Transmissibility of rights of person having fixation rights
(1) The rights conferred by this Part on a person having fixation rights are not assignable or transmissible.
(2) This does not affect section 208(2)(b) or (3)(b), so far as those provisions confer rights under this Part on a person to whom the benefit of a contract or licence is assigned.
[cf. 1988 c. 48 s. 192B U.K.]