Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 115

Presumptions relevant to literary, dramatic, musical and artistic works

Presumptions

(1) The following presumptions apply in proceedings brought by virtue of this
Division with respect to a literary, dramatic, musical or artistic work.

(2) Where a name purporting to be that of the author appeared on copies of the
work as published or on the work when it was made, the person whose name
appeared is presumed, until the contrary is proved-

   (a)  to be the author of the work;

   (b)  to have made it in circumstances not falling within section  14 (1),
        182, 184 or 188 (works produced in course of employment, Government 
        copyright, Legislative Council copyright or copyright of certain
        international organizations).

(3) In the case of a work alleged to be a work of joint authorship, subsection
(2) applies in relation to each person alleged to be one of the authors.

(4) Where no name purporting to be that of the author appeared as mentioned in
subsection (2) but a name purporting to be that of the publisher appeared on
copies of the work as first published, the person whose name appeared is
presumed, until the contrary is proved, to have been the owner of the
copyright at the time of publication.

(5) If the author of the work is dead or the identity of the author cannot be
ascertained by reasonable inquiry, it is presumed, in the absence of evidence
to the contrary-

   (a)  that the work is an original work; and

   (b)  that the plaintiff's allegations as to what was the first publication
        of the work and as to the country of first publication are correct. [
        cf. 1988 c. 48 s. 104 U.K.]