CyberLawNet.com - Powered by Yip Tse & Tang, Solicitors & Notaries 葉謝鄧律師行

Works Having No Copyright
Control of Anti-circumvention Device

Rights Management Information

It is very common to find that copyright works bear copyright information such as author, and use terms and conditions. These are rights management information.

Accoridng to s.274 of the Copyright Ordinance, 'rights management information' means-

(a) information which identifies the work, the author of the work, the owner of any right in the work, the performer, or the performance of the performer;

(b) information about the terms and conditions of use of the work, the person having fixation rights in relation to the performance, or the performance; or

(c) any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work or a fixed performance or appears in connection with the making available of a work or a fixed performance to the public.

The law gives the provider of the rights management information legal remedies against persons who remove or alters such information without authority. Under the same section, he is entitled to the following rights and remedies as a copyright owner has in copyright infringement, namely, against the person who:

(a) removes or alters any electronic rights management information provided by him without his authority; or
(b) issues or makes available to the public, sells or lets for hire, imports into or exports from Hong Kong, broadcasts or includes in a cable programme service, without his authority, works or copies of works, performances, fixations of performances to which the electronic rights management information is attached knowing that the electronic rights management information has been removed or altered without his authority.