Subject Matter of Protection

Part III, Division I, Introductory

(2) "performance" means: (cb) an expression of folklore;

Scope of Protection

Section 70 - Recordings of folksongs

(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a body designated under subsection (4)(b) without infringing any copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) below are met.
(2) The conditions are that-
(a) the words are unpublished and of unknown authorship at the time the recording is made;
(b) the making of the recording does not infringe any other copyright; and
(c) its making is not prohibited by any performer.

Section 189 - Folklore, etc.: anonymous unpublished works

(1) Where in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country, territory or area outside Hong Kong, it is presumed, until the contrary is proved, that he was such a qualifying individual and that copyright accordingly subsists in the work, subject to the provisions of this Part.