FINE ARTS COPYRIGHT ORDINANCE, 1901
Title
FINE ARTS COPYRIGHT ORDINANCE, 1901
Description
ORDINANCE NO. 17 OF 1901.
Fine Arts Copyright
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.
[12th October 1901]
BE it enacted by the Governor of HongKong with the advice and
conssent of the Legislative Council tereof as follow:-
1.
This Ordinance may be cited as the Fine Arts Copyright Ord-
nance 1901.
2.The author being a British subject or resident with the
dominions of the Crown of every orginal painting drawing and photo-
graph which is or has been made either in the British dominions or
elsewher and which has not been sold or disposed of before the com-
mencement of this Ordinance and his assigns shall have the sole and
exclusive right of copying engraving reprofucing and multipying
such paintingor drawing and the design thereof or such photograph
and the negative thereof by any means and of any size for the term of
the nature life of such author and seven years after his death :Pro-
vided that when any painting or drawing or the the negative if any photo-
graph , is for the firstg time after the commencement of thi sOrdinance
sold or disposed of ir us made or executed for or in behalf of any other
person for a good or a valueable consideration the person so selling or
disposing of or making or exrcuting the same shall nir retain the copy-
right thereof unless it is ecpressly reserved to him by agreement in
writing signed at or before the time of such sale or disposition by the
vendee or assignee of such painting or drawing or of such negative
a photograph, or by the person for or on whose behalf the same is so
made or executed, but the copyright shall belong to the vendee or
assignee of such painting or drawing or of such negative of a photograph,
or to the person for or on whose behalf the same has been made
or exeucted; nor shall the vendee or assignee thereof be entitled to any
such copyright, unless, at or before the time of such sale or disposition,
an agreement in writing, signed by the person so selling or disposing
of the same or by his agent duly authorized, has been made to that
effect.
3. Nothing herein contained shall prejudice the right of any person
to copy or use any work in which there is no copyright, or to represent
any scene or object, notwithstanding that there may be copyright in
some representation of such scene or object.
4. All copyright under this Ordinance shall be deemed personal or
movable estate, and shall be assignable at law, and every assignment
thereof, and every licence to use or copy by any means or process the
design or work which is the subject of such copyright, shall be made
by some note or memorandum in writing, to be signed by the proprietor
of the copyright or by his agent appointed for that purpose in
writing.
5.-(1.) There shall be kept, at such place and by such officer as the
Governor, with the advice of the Executive Council, may, by notification
in the Gazette, from time to time direct, a book or books, entitled
'The Register of Proprietors of Copyright in Paintings, Drawings,
and Photographs' wherein shall be entered a memorandum of every
copyright to which any person is entitled under this Ordinance, and
also of every subsequence assignment of any such copyright.
(2)Such memorandum shall contain a statement of the date of such
agreement or assignment and of the names of the parties thereto and
of the name and place of abode of the person in whom such copyright
is vested by virtue thereof and of the name and place of abode of the
author of the work in which there id such copyright together with a
short description of the nature and subject of such work and in addition
thereto if th eperson registering so desires a sketch outline or photo-
graph of the said work
(3)No proprietor of any such copyright shall be entitled to the
benefit of this Ordinance until such registration and no action shall be
sustainable nor any penalty be recoverable in respect of anything done
before registration
6. The serval enactments contained in the Act of the Imperial
Parliament 5 & 6 Victoria Chapter 45entitlewd An Act to amend
the Law of Copyright,' with relation to keeping the register book
thereby required and the inspection thereof, the searches therein, and
the delivery of certified, and stamped copies thereof, the reception of
such copies in evidence, the making of false entries in the said book,
and the production in evidence of papers falsely purporting to be
copies of entries in the said book, the application to the Courts and
Judges by persons aggrieved by entries in the said book, and the
expunging and varying such entries, shall apply mutatis mutandis to the
book or books to be kept by virtue of this Ordinance, and to the entries
and assignments of copyright and proprietorship therein under this
Ordinance, in such and the same manner as if such enactments were
herein expressly enacted in relation thereto, save and except that the
forms of entry prescribed by the said Act may be varied to meet the
circumstances of the case, and that the sum to be demanded by the
person so deputed as aforesaid for making any entry required by this
Ordinance shall be fifty cents.
7. If the author of any painting, drawing, or photograph in which
there is subsisting copyright, after having sold or disposed of such
copyright, or if any other person, not being the proprietor for the time
being of copyright in any painting, drawing, or photograph, without
the consent of such proprietor, repeats, copies colourably imitates, or
otherwise multiplies for sale, hire, exhibition, or distribution, or causes
or procures to be repeated, copied, colourably imitated, or otherwise
multiplied for sale, hire, exhibition, or distribution, any such work or
the design thereof, or, knowing that any such repetition, copy, or other
imitation has been unlawfully made, imports into any part of the
United Kingdom, or sell, publishes, lets to hire, exhibits, or distributes,
or offers for sale, hire, exhibition, or distribution, or causes or procures
to be imported, sold, published, let to hire, distributed, or offered for
sale, hire, exhibition, or distribution, any repetition, copy, or imitation
of the said work, or the design thereof, made without such consent as
aforesaid, such person for every such offence shall forfeit to the proprietor
of the copyright for the time being a sum not exceeding one
hundred dollars; and all such repetitions, copies, and imitations made
without such consent as aforesaid, and all negatives of photographs
made for the purpose of obtaining such copies, shall be forfeited to the
proprietor of the copyright.
8.-(1.) No person shall do or cause to be done any or either of the
following acts; that is to say,-
(a.) no person shall fraudulently sign or otherwise affix, or fraudulently
cause to be signed or otherwise affixed, to or upon any
painting, drawing, or photograph, or the negative thereof, any
name, initials, or monogram;
(b.) no person shall 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
make such work;
(c.) no person shall 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
photograph, 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;
and
(d.) where the author or make of any painting, drawing, or photograph,
or negative of a photograph, made either before or
after the commencement of this Ordinance, has sold or otherwise
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.
(2.) Every offender under this section shall, on conviction, 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
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 fraudulently 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 or falsely ascribed
as aforesaid, has been living at or within twenty years next before the
time when the offence may have been committed.
9. 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 summary proceedings
before a Magistrate.
10. In any action in the Supreme Court for the infringement of any
such copyright as aforesaid, it shall be lawful for the Court, if the Court
is then sitting, or, if the Court is not sitting, then for a Judge of the
Court, on the application of the plaintiff or defendant respectively, to
make such order for an injunction, inspection, or account, and to give
such direction respecting such action, injunction, inspection, and account,
and the proceedings therein respectively, as to the Court or Judge may
seem fit.
11. All repetitions, copies, or imitations of paintings, drawings, or
photographs, wherein or in the design whereof thereis subsisting copyright
under this Oridinance, and all repetitions, copies, and imitations of
the design of any such painting or drawing or of the negative of any
such photograph, which, contrary to the provisions of this Ordinance,
have been made in any foreign state, or in any part of the British dominions,
are hereby absolutely prohibited to be imported into this Colony,
except by or with the consent of the proprietor of the copyright thereof
or his agent authorized in writing.
12. If the author of any painting, drawing, or photograph in which
there is subsisting copyright, after having sold or otherwise disposed of
such copyright, or if any other person, not being the proprietor for the
time being of such copyright, without the consent of such proprietor,
repeats, copies, colourably imitates, or otherwise multiplies, or causes or
procures to be repeated, copied, colourably imitated, or otherwise multiplied,
for sale, hire, exhibition, any such work, or the
design thereof, or the negative of any such photograph, or imports or
cause to be imported into this Colony, or sells, publishes, lets to hire,
exhibits, or distributes, or offers for sale, hire exhibition, or distribution,
or causes or procures to be sold, published, let to hire, exhibited, or
distributed, or offered for sale, hire, exhibition, or distribution, any
repetition, copy, or imitation of such work; or the design thereof, or the
negative of any such photograph, made without such consent as aforesaid,
then every such proprietor, in addition to the remedies hereby given for
the recovery of any such penalties and forfeiture of any such things as
aforesaid, may recover damages by and in a special action on the case,
to be brought against the person so offending, and may in such action
recover and enforce the delivery to him of all unlawful repetitions, copies
and imitations, and negatives of photographs, or may recover damages
for the retention or conversion thereof: Provided that nothing herein
contained, nor any proceeding, conviction, or judgment for any act
hereby forbidden, shall affect any remedy which any person aggrieved
by such act may be entitled to either at law or in equity.
13.-(1.) The Governor, with the advice of the Executive Council,
may from time to time make such rueles as may appear to be necessary
or desirable for carrying out the objects of this Ordinance.
(2.) All such rules shall be published in The Gazette.
A.D. 1901. Ordinance No. 24 of 1901.
Short title. Duration of copyright in paintings, drawings, and photographs.
25 & 26 Vict.c. 68 s. 1. Limitation of extent of copyright. 25 & 26 Vict.c. 68 s. 2. Assignment, licence, etc., to be in writing. Ib.s.3. Keeping of Register of Proprietors of Copyright in Paintings, Drawings, and Photographs. Ib.s.4. Application of certain enactments of 5 & 6 Vict.c. 45 to books to be kept under the Ordinance. 25 & 26 Vict.c. 68 s. 5. Penalties for infringement of copyright. Ib.s.6. Penalties for fraudulent productions and sales. Ib.s.7. Recovery of pecuniary penalties. 25 & 26 Vict.c. 68 s. 8. Power to make order for injunction, inspection, or account. 25 & 26 Vict.c. 68 s. 9. Prohibition of importation of pirated paintings, drawings, and photographs. Ib.s.10. Saving of right to bring action for damages in case of infringement of copyright. Ib.s.11. Making of rules.
Fine Arts Copyright
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.
[12th October 1901]
BE it enacted by the Governor of HongKong with the advice and
conssent of the Legislative Council tereof as follow:-
1.
This Ordinance may be cited as the Fine Arts Copyright Ord-
nance 1901.
2.The author being a British subject or resident with the
dominions of the Crown of every orginal painting drawing and photo-
graph which is or has been made either in the British dominions or
elsewher and which has not been sold or disposed of before the com-
mencement of this Ordinance and his assigns shall have the sole and
exclusive right of copying engraving reprofucing and multipying
such paintingor drawing and the design thereof or such photograph
and the negative thereof by any means and of any size for the term of
the nature life of such author and seven years after his death :Pro-
vided that when any painting or drawing or the the negative if any photo-
graph , is for the firstg time after the commencement of thi sOrdinance
sold or disposed of ir us made or executed for or in behalf of any other
person for a good or a valueable consideration the person so selling or
disposing of or making or exrcuting the same shall nir retain the copy-
right thereof unless it is ecpressly reserved to him by agreement in
writing signed at or before the time of such sale or disposition by the
vendee or assignee of such painting or drawing or of such negative
a photograph, or by the person for or on whose behalf the same is so
made or executed, but the copyright shall belong to the vendee or
assignee of such painting or drawing or of such negative of a photograph,
or to the person for or on whose behalf the same has been made
or exeucted; nor shall the vendee or assignee thereof be entitled to any
such copyright, unless, at or before the time of such sale or disposition,
an agreement in writing, signed by the person so selling or disposing
of the same or by his agent duly authorized, has been made to that
effect.
3. Nothing herein contained shall prejudice the right of any person
to copy or use any work in which there is no copyright, or to represent
any scene or object, notwithstanding that there may be copyright in
some representation of such scene or object.
4. All copyright under this Ordinance shall be deemed personal or
movable estate, and shall be assignable at law, and every assignment
thereof, and every licence to use or copy by any means or process the
design or work which is the subject of such copyright, shall be made
by some note or memorandum in writing, to be signed by the proprietor
of the copyright or by his agent appointed for that purpose in
writing.
5.-(1.) There shall be kept, at such place and by such officer as the
Governor, with the advice of the Executive Council, may, by notification
in the Gazette, from time to time direct, a book or books, entitled
'The Register of Proprietors of Copyright in Paintings, Drawings,
and Photographs' wherein shall be entered a memorandum of every
copyright to which any person is entitled under this Ordinance, and
also of every subsequence assignment of any such copyright.
(2)Such memorandum shall contain a statement of the date of such
agreement or assignment and of the names of the parties thereto and
of the name and place of abode of the person in whom such copyright
is vested by virtue thereof and of the name and place of abode of the
author of the work in which there id such copyright together with a
short description of the nature and subject of such work and in addition
thereto if th eperson registering so desires a sketch outline or photo-
graph of the said work
(3)No proprietor of any such copyright shall be entitled to the
benefit of this Ordinance until such registration and no action shall be
sustainable nor any penalty be recoverable in respect of anything done
before registration
6. The serval enactments contained in the Act of the Imperial
Parliament 5 & 6 Victoria Chapter 45entitlewd An Act to amend
the Law of Copyright,' with relation to keeping the register book
thereby required and the inspection thereof, the searches therein, and
the delivery of certified, and stamped copies thereof, the reception of
such copies in evidence, the making of false entries in the said book,
and the production in evidence of papers falsely purporting to be
copies of entries in the said book, the application to the Courts and
Judges by persons aggrieved by entries in the said book, and the
expunging and varying such entries, shall apply mutatis mutandis to the
book or books to be kept by virtue of this Ordinance, and to the entries
and assignments of copyright and proprietorship therein under this
Ordinance, in such and the same manner as if such enactments were
herein expressly enacted in relation thereto, save and except that the
forms of entry prescribed by the said Act may be varied to meet the
circumstances of the case, and that the sum to be demanded by the
person so deputed as aforesaid for making any entry required by this
Ordinance shall be fifty cents.
7. If the author of any painting, drawing, or photograph in which
there is subsisting copyright, after having sold or disposed of such
copyright, or if any other person, not being the proprietor for the time
being of copyright in any painting, drawing, or photograph, without
the consent of such proprietor, repeats, copies colourably imitates, or
otherwise multiplies for sale, hire, exhibition, or distribution, or causes
or procures to be repeated, copied, colourably imitated, or otherwise
multiplied for sale, hire, exhibition, or distribution, any such work or
the design thereof, or, knowing that any such repetition, copy, or other
imitation has been unlawfully made, imports into any part of the
United Kingdom, or sell, publishes, lets to hire, exhibits, or distributes,
or offers for sale, hire, exhibition, or distribution, or causes or procures
to be imported, sold, published, let to hire, distributed, or offered for
sale, hire, exhibition, or distribution, any repetition, copy, or imitation
of the said work, or the design thereof, made without such consent as
aforesaid, such person for every such offence shall forfeit to the proprietor
of the copyright for the time being a sum not exceeding one
hundred dollars; and all such repetitions, copies, and imitations made
without such consent as aforesaid, and all negatives of photographs
made for the purpose of obtaining such copies, shall be forfeited to the
proprietor of the copyright.
8.-(1.) No person shall do or cause to be done any or either of the
following acts; that is to say,-
(a.) no person shall fraudulently sign or otherwise affix, or fraudulently
cause to be signed or otherwise affixed, to or upon any
painting, drawing, or photograph, or the negative thereof, any
name, initials, or monogram;
(b.) no person shall 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
make such work;
(c.) no person shall 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
photograph, 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;
and
(d.) where the author or make of any painting, drawing, or photograph,
or negative of a photograph, made either before or
after the commencement of this Ordinance, has sold or otherwise
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.
(2.) Every offender under this section shall, on conviction, 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
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 fraudulently 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 or falsely ascribed
as aforesaid, has been living at or within twenty years next before the
time when the offence may have been committed.
9. 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 summary proceedings
before a Magistrate.
10. In any action in the Supreme Court for the infringement of any
such copyright as aforesaid, it shall be lawful for the Court, if the Court
is then sitting, or, if the Court is not sitting, then for a Judge of the
Court, on the application of the plaintiff or defendant respectively, to
make such order for an injunction, inspection, or account, and to give
such direction respecting such action, injunction, inspection, and account,
and the proceedings therein respectively, as to the Court or Judge may
seem fit.
11. All repetitions, copies, or imitations of paintings, drawings, or
photographs, wherein or in the design whereof thereis subsisting copyright
under this Oridinance, and all repetitions, copies, and imitations of
the design of any such painting or drawing or of the negative of any
such photograph, which, contrary to the provisions of this Ordinance,
have been made in any foreign state, or in any part of the British dominions,
are hereby absolutely prohibited to be imported into this Colony,
except by or with the consent of the proprietor of the copyright thereof
or his agent authorized in writing.
12. If the author of any painting, drawing, or photograph in which
there is subsisting copyright, after having sold or otherwise disposed of
such copyright, or if any other person, not being the proprietor for the
time being of such copyright, without the consent of such proprietor,
repeats, copies, colourably imitates, or otherwise multiplies, or causes or
procures to be repeated, copied, colourably imitated, or otherwise multiplied,
for sale, hire, exhibition, any such work, or the
design thereof, or the negative of any such photograph, or imports or
cause to be imported into this Colony, or sells, publishes, lets to hire,
exhibits, or distributes, or offers for sale, hire exhibition, or distribution,
or causes or procures to be sold, published, let to hire, exhibited, or
distributed, or offered for sale, hire, exhibition, or distribution, any
repetition, copy, or imitation of such work; or the design thereof, or the
negative of any such photograph, made without such consent as aforesaid,
then every such proprietor, in addition to the remedies hereby given for
the recovery of any such penalties and forfeiture of any such things as
aforesaid, may recover damages by and in a special action on the case,
to be brought against the person so offending, and may in such action
recover and enforce the delivery to him of all unlawful repetitions, copies
and imitations, and negatives of photographs, or may recover damages
for the retention or conversion thereof: Provided that nothing herein
contained, nor any proceeding, conviction, or judgment for any act
hereby forbidden, shall affect any remedy which any person aggrieved
by such act may be entitled to either at law or in equity.
13.-(1.) The Governor, with the advice of the Executive Council,
may from time to time make such rueles as may appear to be necessary
or desirable for carrying out the objects of this Ordinance.
(2.) All such rules shall be published in The Gazette.
A.D. 1901. Ordinance No. 24 of 1901.
Short title. Duration of copyright in paintings, drawings, and photographs.
25 & 26 Vict.c. 68 s. 1. Limitation of extent of copyright. 25 & 26 Vict.c. 68 s. 2. Assignment, licence, etc., to be in writing. Ib.s.3. Keeping of Register of Proprietors of Copyright in Paintings, Drawings, and Photographs. Ib.s.4. Application of certain enactments of 5 & 6 Vict.c. 45 to books to be kept under the Ordinance. 25 & 26 Vict.c. 68 s. 5. Penalties for infringement of copyright. Ib.s.6. Penalties for fraudulent productions and sales. Ib.s.7. Recovery of pecuniary penalties. 25 & 26 Vict.c. 68 s. 8. Power to make order for injunction, inspection, or account. 25 & 26 Vict.c. 68 s. 9. Prohibition of importation of pirated paintings, drawings, and photographs. Ib.s.10. Saving of right to bring action for damages in case of infringement of copyright. Ib.s.11. Making of rules.
Abstract
A.D. 1901. Ordinance No. 24 of 1901.
Short title. Duration of copyright in paintings, drawings, and photographs.
25 & 26 Vict.c. 68 s. 1. Limitation of extent of copyright. 25 & 26 Vict.c. 68 s. 2. Assignment, licence, etc., to be in writing. Ib.s.3. Keeping of Register of Proprietors of Copyright in Paintings, Drawings, and Photographs. Ib.s.4. Application of certain enactments of 5 & 6 Vict.c. 45 to books to be kept under the Ordinance. 25 & 26 Vict.c. 68 s. 5. Penalties for infringement of copyright. Ib.s.6. Penalties for fraudulent productions and sales. Ib.s.7. Recovery of pecuniary penalties. 25 & 26 Vict.c. 68 s. 8. Power to make order for injunction, inspection, or account. 25 & 26 Vict.c. 68 s. 9. Prohibition of importation of pirated paintings, drawings, and photographs. Ib.s.10. Saving of right to bring action for damages in case of infringement of copyright. Ib.s.11. Making of rules.
Short title. Duration of copyright in paintings, drawings, and photographs.
25 & 26 Vict.c. 68 s. 1. Limitation of extent of copyright. 25 & 26 Vict.c. 68 s. 2. Assignment, licence, etc., to be in writing. Ib.s.3. Keeping of Register of Proprietors of Copyright in Paintings, Drawings, and Photographs. Ib.s.4. Application of certain enactments of 5 & 6 Vict.c. 45 to books to be kept under the Ordinance. 25 & 26 Vict.c. 68 s. 5. Penalties for infringement of copyright. Ib.s.6. Penalties for fraudulent productions and sales. Ib.s.7. Recovery of pecuniary penalties. 25 & 26 Vict.c. 68 s. 8. Power to make order for injunction, inspection, or account. 25 & 26 Vict.c. 68 s. 9. Prohibition of importation of pirated paintings, drawings, and photographs. Ib.s.10. Saving of right to bring action for damages in case of infringement of copyright. Ib.s.11. Making of rules.
Identifier
https://oelawhk.lib.hku.hk/items/show/754
Edition
1901
Volume
v2
Subsequent Cap No.
528
Cap / Ordinance No.
No. 17 of 1901
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FINE ARTS COPYRIGHT ORDINANCE, 1901,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/754.
