### Copyright Ordinance 《版權條例》

103. 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 copyright owner authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright 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. 92 U.K.]

104. Copyright to pass under will with unpublished work
Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to—
(a) an original document or other material thing recording or embodying a literary, dramatic, musical or artistic work which was not published before the death of the testator; or
(b) an original material thing containing a sound recording or film which was not published before the death of the testator,
then unless a contrary intention is indicated in the testator’s will or a codicil to it, the bequest includes the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.
[cf. 1988 c. 48 s. 93 U.K.]

105. Moral rights not assignable
The rights conferred by Division IV (moral rights) are not assignable.
[cf. 1988 c. 48 s. 94 U.K.]

### Copyright Ordinance 《版權條例》

106. Transmission of moral rights on death
(1) On the death of a person entitled to the right conferred by section 89 (right to identification of author or director) or section 92 (right to object to derogatory treatment of work)—
(a) the right passes to such a person as he may by testamentary disposition specifically direct;
(b) if there is no such direction but the copyright in the work in question forms part of his estate, the right passes to the person to whom the copyright passes; and
(c) if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by his personal representatives.
(2) Where copyright forming part of a person’s estate passes 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 copyright owner has the exclusive right to do or authorize; or
(b) to part, but not the whole, of the period for which the copyright is to subsist,
any right which passes with the copyright by virtue of subsection (1) is correspondingly divided.
(3) Where by virtue of subsection (1)(a) or (b) a right becomes exercisable by more than one person—
(a) it may, in the case of the right conferred by section 89 (right to identification of author or director), be asserted by any of them;
(b) it is, in the case of the right conferred by section 92 (right to object to derogatory treatment of work), 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 98 by one 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 infringement after a person’s death of the right conferred by section 96 (false attribution) is actionable by his personal representatives.
(6) 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.
[cf. 1988 c. 48 s. 95 U.K.]

### Copyright Ordinance 《版權條例》

107. Infringement actionable by copyright owner
(1) An infringement of copyright is actionable by the copyright owner.
(2) In an action for infringement of copyright 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 Division.
[cf. 1988 c. 48 s. 96 U.K.]

108. Provisions as to damages in infringement action
(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work 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 copyright 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. 61)
(c) the completeness, accuracy and reliability of the defendant’s business accounts and records; (Amended 16 of 2022 s. 61)
(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. 61)
(e) the likelihood of widespread circulation of infringing copies as a result of the infringement, (Added 16 of 2022 s. 61)
award such additional damages as the justice of the case may require.
[cf. 1988 c. 48 s. 97 U.K.]

### Copyright Ordinance 《版權條例》

109. Order for delivery up
(1) Where a person—
(a) has an infringing copy of a work in his possession, custody or control for the purpose of or in the course of any trade or business; or (Amended 64 of 2000 s. 6; 15 of 2007 s. 30)
(b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it has been or is to be used to make infringing copies,
the owner of the copyright in the work may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct.
(1A) It is immaterial for the purpose of subsection (1)(a) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 6)
(2) An application must be made before the end of the period specified in section 110 (period after which remedy of delivery up not available); and the court shall not make an order under this section unless the court also makes, or it appears to the court that there are grounds for making, an order under section 111 (order as to disposal of infringing copy or other article).
(3) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section 111 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
(4) Nothing in this section affects any other power of the court.
[cf. 1988 c. 48 s. 99 U.K.]