### Copyright Ordinance 《版權條例》

213. Power of Tribunal to give consent on behalf of owner of right of reproduction in certain cases
(1) The Copyright Tribunal may, on the application of a person wishing to make a copy of a fixation of a performance, give consent in a case where the identity or whereabouts of the person entitled to the right of reproduction cannot be ascertained by reasonable inquiry.
(2) Consent given by the Tribunal has effect as consent of the person entitled to the right of reproduction for the purposes of the provision of this Part relating to performers’ rights and may be given subject to any conditions specified in the Tribunal’s order.
(3) The Tribunal shall not give consent under subsection (1) except after the service of such notices as may be required by rules made under section 174 (general procedural rules) or as the Tribunal may in any particular case direct.
(4) In any case the Tribunal shall take into account the following factors—
(a) whether the original fixation was made with the performer’s consent and is lawfully in the possession or control of the person proposing to make the further fixation;
(b) whether the making of the further fixation is consistent with the obligations of the parties to the arrangements under which, or is otherwise consistent with the purposes for which, the original fixation was made.
(5) Where the Tribunal gives consent under this section it shall, in default of agreement between the applicant and the person entitled to the right of reproduction, make such order as it thinks fit as to the payment to be made to that person in consideration of consent being given.
[cf. 1988 c. 48 s. 190 U.K.]

213A. Power of Tribunal to give consent on behalf of owners of performers’ rental right in certain cases
(1) The Copyright Tribunal may, on the application of a person wishing to rent a copy of a sound recording in which a performance is fixed, give consent in a case where that person cannot, after making reasonable enquiries, ascertain the identity or whereabouts of the person entitled to the rental right.
(2) Consent given by the Tribunal has effect as consent of the person entitled to the rental right for the purposes of the provision of this Part relating to performers’ rental right and may be given subject to any conditions specified in the Tribunal’s order.
(3) The Tribunal shall not give consent under subsection (1) except after the service of such notices as may be required by rules made under section 174 (general procedural rules) or as the Tribunal may in any particular case direct.
(4) Where the Tribunal gives consent under this section, it shall, in default of agreement between the applicant and the person entitled to the rental right, make such order as it thinks fit as to the payment to be made to that person in consideration of consent being given.
(Added 15 of 2007 s. 53)

### Copyright Ordinance 《版權條例》

214. Duration of rights
(1) The following provisions have effect with respect to the duration of the rights conferred by this Part.
(2) The rights conferred by this Part in relation to a performance expire—
(a) at the end of the period of 50 years from the end of the calendar year in which the performance takes place; or
(b) if during that period a fixation of the performance is released, 50 years from the end of the calendar year in which it is released,
subject as follows.
(3) For the purposes of subsection (2) a fixation is released (發行) when it is first published, played or shown in public or communicated to the public; but in determining whether a fixation has been released no account shall be taken of any unauthorized act. (Amended E.R. 2 of 2019; 16 of 2022 s. 83)
[cf. 1988 c. 48 s. 191 U.K.]

215. Performers’ economic rights
(1) The following rights conferred by this Part on a performer are property rights (a performer’s economic rights)—
(a) the right of reproduction (section 203);
(b) the right of distribution (section 204);
(c) the right of making available to the public (section 205);
(d) the rental right (section 207A). (Replaced 15 of 2007 s. 54)
(2) References in this Part to the consent of the performer are to be construed in relation to a performer’s economic rights as references to the consent of the rights owner.
(3) Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of a performer’s economic rights in relation to a performance, the rights owner for any purpose of this Part is the person who is entitled to the aspect of those rights relevant for that purpose.
(4) Where a performer’s economic rights (or any aspect of them) is owned by more than one person jointly, references in this Part to the rights owner are to all the owners, so that, in particular, any requirement of the licence of the rights owner requires the licence of all of them.
[cf. 1988 c. 48 s. 191A U.K.]

### Copyright Ordinance 《版權條例》

216. Assignment and licences
(1) A performer’s economic rights are transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
(2) An assignment or other transmission of a performer’s economic rights may be partial, that is, limited so as to apply—
(a) to one or more, but not all, of the things requiring the consent of the rights owner;
(b) to part, but not the whole, of the period for which the rights are to subsist.
(3) An assignment of a performer’s economic rights is not effective unless it is in writing signed by or on behalf of the assignor.
(4) A licence granted by the owner of a performer’s economic rights is binding on every successor in title to his interest in the rights, 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 rights owner are to be construed accordingly.
[cf. 1988 c. 48 s. 191B U.K.]

217. Prospective ownership of a performer’s economic rights
(1) This section applies where by an agreement made in relation to a future fixation of a performance, and signed by or on behalf of the performer, the performer purports to assign his performer’s economic rights (wholly or partially) to another person.
(2) If on the rights coming into existence the assignee or another person claiming under him would be entitled as against all other persons to require the rights to be vested in him, they shall vest in the assignee or his successor in title by virtue of this subsection.
(3) A licence granted by a prospective owner of a performer’s economic rights is binding on every successor in title to his interest (or prospective interest) in the rights, 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.
References in this Part to doing anything with, or without, the licence of the rights owner are to be construed accordingly.
(4) In subsection (3) prospective owner (準擁有人), in relation to a performer’s economic rights, means a person who is prospectively entitled to those rights, by virtue of such an agreement as is mentioned in subsection (1).
[cf. 1988 c. 48 s. 191C U.K.]