HONG KONG SAR, CHINA Law and Practice Contributed by: Angus Forsyth, Angus Forsyth & Co.
3.4 Using Copyrighted Images The copyright period under the Copyright Ordinance is 50 years from the date of creation by the author of the copyright work. During this period, any third party seeking to exploit the copyright work can only do so with express licence and permission from the copyright holder. 4. Authentication of Artworks 4.1 Posthumous Rights to Authenticate Artwork Following the death of a person entitled to copyright as the author and with the entitled right to be identified as the author, the executors or the express legatees are entitled to the estate of the deceased artist for the remainder of the 50-year period from the date of creation of the work. Distinct from such ownership of copyright, no party has statutory authority to a right to authenticate the artwork of the deceased artist. How - ever, reliable experts are frequently employed to give evidence in court regarding authentication, but this of course remains a matter of opinion. 4.2 Art Authentication Authentication does not establish a compulsion for a specific artwork to be included in the catalogue raisonné of the artist, nor are the personal repre - sentatives compelled to issue a favourable opinion in respect of any certificate of authenticity. 4.3 Legal Remedies Following a Declaration of Inauthenticity If reliable best available written or oral evidence results in a purchased artwork being declared inauthentic, then it is open to the injured purchaser to take legal proceedings against the original vendor whose sale of the purchased artwork has been declared inauthentic.
Data Protection Principles under the Personal Data (Privacy) Ordinance.
2. Rights to Artworks 2.1 Artists’ Rights Over Their Art
The main rights of an artist over a piece of artwork are the entitlement to be recognised as the original creator of the work, and the entitlement to copyright in their creation under the Copyright Ordinance. There are also clear rights applicable to any contractual appli - cation of an artwork and related to its creator artist. 2.2 Copyright in Collaborative Artworks Collaborative/collective artworks with multiple authors would generate individual copyright for each of the multiple authors, and it would be appropriate for the copyright entitlement to be individually established as a contractual reality and clearly recorded as a collabo - rative right between all of the authors. 3. Protection Against Plagiarism 3.1 Legal Consequences of Copyright Infringement The copyright owner is entitled to take legal action for damages or for injunctions against any copyright infringement by virtue of his or her entitlement under the Copyright Ordinance. This would be referable to the owner of a specific artwork, and the infringement gives rise to an action for damages or a take-down order and injunction against continued or repeat infringement. 3.2 Registering Artwork There is no need to make an application for regis - tration of a copyright in Hong Kong. The enjoyment of copyright protection is supported by the origi - nal nature of the copyright work that is recorded in a material form. Copyright arises automatically and there are no requirements for registration or other for - malities of the copyright. 3.3 Resale Right There is no statutory resale right ( droit de suite ).
5. Cultural Heritage 5.1 Defining Cultural Heritage
There is no legislative definition of “cultural heritage” in Hong Kong. The recognition of such a field was only identified in 1976 through the enactment of the Antiq - uities and Monuments Ordinance as a recognition by
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