### Copyright Ordinance 《版權條例》

12. Works of joint authorship
(1) In this Part a work of joint authorship (合作作品) means a work made by the collaboration of 2 or more authors in which the contribution of each author is not distinct from that of the other author or authors.
(2) A film is treated as a work of joint authorship unless the producer and the principal director are the same person.
(3) A broadcast is treated as a work of joint authorship in a case where more than one person is to be taken as making the broadcast (section 8(3)).
(4) References in this Part to the author of a work are, except as otherwise provided, construed in relation to a work of joint authorship as references to all the authors of the work.
[cf. 1988 c. 48 s. 10 U.K.]

13. First ownership of copyright
The author of a work is the first owner of any copyright in it, subject to sections 14, 15 and 16.
[cf. 1988 c. 48 s. 11(1) U.K.]

14. Employee works
(1) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to—
(a) any agreement to the contrary; and
(b) subsection (2).
(2) Subject to any agreement to the contrary, where such work is exploited by his employer or by someone else with the employer’s permission in a way that could not reasonably have been contemplated by the employer and the employee at the time of making the work, the employer shall pay an award to the employee in respect of such exploitation at such amount as agreed between the employer and the employee or failing an agreement, as determined by the Copyright Tribunal.
[cf. 1988 c. 48 s. 11(2) U.K.]

15. Commissioned works
(1) Where a work is made on the commission of a person and there is an agreement between the author and the commissioner of the work which expressly provides for the entitlement to the copyright, copyright in the commissioned work belongs to the person who is entitled to the copyright under the agreement.
(2) Notwithstanding subsection (1) and sections 13 and 103, the person who commissioned the work—
(a) has an exclusive licence to exploit the commissioned work for all purposes that could reasonably have been contemplated by the author and the person who commissioned the work at the time the work was commissioned; and
(b) has the power to restrain any exploitation of the commissioned work for any purpose against which he could reasonably take objection.

### Copyright Ordinance 《版權條例》

16. Government copyright, etc.
Sections 13, 14 and 15 do not apply to Government copyright or Legislative Council copyright (see sections 182 and 184) or to copyright which subsists by virtue of section 188 (copyright of certain international organizations).

### Copyright Ordinance 《版權條例》

18. Duration of copyright in sound recordings
(1) The following provisions have effect with respect to the duration of copyright in a sound recording.
(2) Copyright expires—
(a) at the end of the period of 50 years from the end of the calendar year in which it is made; or
(b) if during that period it 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 sound recording is released (發行) when it is first published, played in public or communicated to the public; but in determining whether a sound recording has been released no account is to be taken of any unauthorized act. (Amended E.R. 2 of 2019; 16 of 2022 s. 8)
[cf. 1988 c. 48 s. 13A U.K.]

### Copyright Ordinance 《版權條例》

20. Duration of copyright in broadcasts and cable programmes
(1) The following provisions have effect with respect to the duration of copyright in a broadcast or cable programme.
(2) Copyright in a broadcast or cable programme expires at the end of the period of 50 years from the end of the calendar year in which the broadcast was made or the programme was included in a cable programme service, subject as follows.
(3) Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat broadcast or cable programme which is broadcast or included in a cable programme service after the expiry of the copyright in the original broadcast or cable programme.
(4) A repeat broadcast or cable programme means one which is a repeat either of a broadcast previously made or of a cable programme previously included in a cable programme service.
[cf. 1988 c. 48 s. 14 U.K.]

21. Duration of copyright in typographical arrangement of published editions
Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.
[cf. 1988 c. 48 s. 15 U.K.]

### Copyright Ordinance 《版權條例》

22. The acts restricted by copyright in a work
(1) The owner of the copyright in a work has, in accordance with the following provisions of this Division, the exclusive right to do the following acts in Hong Kong—
(a) to copy the work (see section 23);
(b) to issue copies of the work to the public (see section 24);
(c) to rent copies of the work to the public (see section 25); (Replaced 15 of 2007 s. 5)
(d) (Repealed 16 of 2022 s. 10)(e) to perform, show or play the work in public (see section 27);
(f) (Repealed 16 of 2022 s. 10)(fa) to communicate the work to the public (see section 28A); (Added 16 of 2022 s. 10)
(g) to make an adaptation of the work or do any of the above in relation to an adaptation (see section 29),
and those acts are referred to in this Part as the acts restricted by the copyright (受版權所限制的作為). (Amended E.R. 2 of 2019)
(2) Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorizes another to do, any of the acts restricted by the copyright.
(2A) For the purposes of subsection (2), in determining whether a person has authorized another person to do any of the acts restricted by the copyright in a work, the court may take into account all the circumstances of the case and, in particular—
(a) the extent of that person’s power (if any) to control or prevent the infringement;
(b) the nature of the relationship (if any) between that person and that other person; and
(c) whether that person has taken any reasonable steps to limit or stop the infringement. (Added 16 of 2022 s. 10)
(3) References in this Part to the doing of an act restricted by the copyright in a work are to the doing of it—
(a) in relation to the work as a whole or any substantial part of it; and
(b) either directly or indirectly,
and it is immaterial whether any intervening acts themselves infringe copyright.
(4) This Division has effect subject to—
(a) the provisions of Division III (acts permitted in relation to copyright works); and
(b) the provisions of Division VIII (provisions with respect to copyright licensing).
[cf. 1988 c. 48 s. 16 U.K.]