FINE ARTS COPYRIGHT ORDINANCE, 1901

FINE ARTS COPYRIGHT ORDINANCE, 1901

No. 17 of 1901.
An Ordinance relating to copyright in works of the fine arts,
and for repressing the commission of fraud in. the
production and sale of such works.

[19th October, 1901.]

1. This Ordinance may be cited as the Fine Arts Copyright
Ordinance, 1901.

2.-(1) No person shall do or cause to be.done any of the
following acts-
(a) fraudulently sign or otherwise affix, or' fraudulently
cause to be signed or otherwise affixed, to or upon any paint-
ing, drawing or photograph, or the negative thereof, any name,

initials or monogram;

(b) fraudulently sell, publish, exhibit or dispose of, or offer
for sale, exhibition or distribution, any painting, drawing or
photograph, or negative of a photograph, having thereon the
name, initials or monogram of a person who did not execute or
rnake'such work;

As amended by No. 26 of 1932 [19,8.32].
As amended by Law Rev. Ord., 1939.





(c) fraudulently utter, dispose of or put off, or cause to
be uttered or disposed of, any copy or colourable imitation of
any painting, drawing or photograph, or negative of a photo-
graph, whether there is subsisting copyright therein or not, as
having been, made or executed by the author or maker of the
original work from which such copy or imitation has been
taken.
(2) Where the author or maker of any painting, drawing
or photograph, or negative of a photograph,, made either before
or after the commencement of this Ordinance, has sold or' other-
wise parted with the possession of 'such work, if any alteration
is afterwards made therein by any other person, by addition or
otherwise, no person shall be at liberty, during the life of the
author or maker of such work, without his consent, to make,
or knowingly to sell or publish or offer for sale., such work or
any copies of such work so altered as aforesaid, or of any part
thereof, as or for the unaltered work of such author or maker.
(3) Every offender under this section shall forfeit to the
person aggrieved a sum not exceeding one hundred dollars or
not exceeding double the full price,' if any, at which all such
copies, engravings, imitations or altered works have been sold
or offered for sale; and further all such. copies, engravings,
imitations or altered works shall be forfeited to the person,
or the assigns or legal representatives of the person, whose
name, initials or monogram is or are so fraudulently signed or
affixed thereto or to whom such spurious. or altered work is so
frauduleritly or falsely ascribed 'as aforesaid: Provided 'always
that the penalties imposed by this section shall not be incurred
unless the person whose name, initials or monogram is or are
so fraudulently signed or affixed,, or to whom such spurious
or .altered work is so fraudulently or falsely ascribed as afore-
said, has been living at, or within twenty years next before, the
time when the offence may have been committed.

3. All pecuniary penalties which are incurred, and all such
unlawful copies, imitations, and all other effects and things
which are forfeited,' by offenders, pursuant to this Ordinance,
may be recovered by the person hereinbefore empowered to
recover the same, either by action in the Supreme Court against
the party offending, or by suillinary proceedings before a magis-
trate.

As amendent by Law Rev. Ord., 1939.
[Originally No. 24 of 1901. Law Rev. Ord., 1939.] Short title. Penalties for fraudulent productions and sales. 25 & 26 Vict. c. 68, s. 7. Recovery of pecuniary penalties. 25 & 26 Vict. C. 68, s. 8.

[Originally No. 24 of 1901. Law Rev. Ord., 1939.] Short title. Penalties for fraudulent productions and sales. 25 & 26 Vict. c. 68, s. 7. Recovery of pecuniary penalties. 25 & 26 Vict. C. 68, s. 8.

https://oelawhk.lib.hku.hk/items/show/1477

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