Hong Kong SAR consultation on AI technology copyright a ‘positive step’

Proposed changes to Hong Kong SAR’s Copyright Ordinance (Cap. 528), outlined in the recently launched ‘Copyright and AI’ consultation paper (52-page / 922KB PDF), aims to strengthen legislation overseeing the protection of AI technology development. It follows the implementation of the Copyright (Amendment) Ordinance 2022 last year which introduced stricter copyright regulation of Hong Kong SAR’s digital environment more broadly.

The consultation covers copyright protection of AI-generated works, copyright infringement liability for AI-generated works and the possible introduction of specific copyright exception, as well as other issues relating to generative AI.

A spokesperson for the government of Hong Kong SAR said: “Under the existing Copyright Ordinance, works generated by generative AI are already protected by copyright. To further enhance Hong Kong SAR's copyright regime to ensure that it encourages creation and investment in creativity while supporting innovation, we have reviewed the relevant legislation in Hong Kong SAR and other jurisdictions as well as the prevailing market situations.”

According to Jennifer Wu, a technology law expert at Pinsent Masons, the proposed amendments are likely to accelerate the development of new generative AI technology.

“The consultation shows the positive steps that the government is taking to ensure its legislation keeps pace with technological developments and serves as an important update to facilitate the rapid developments in the field of generative AI,” she said.

“Contractual arrangements remain key to addressing key issues between the parties on generative AI works.”

The consultation is open until 8 September.