The government of Hong Kong has launched a two-month public consultation to enhance the Copyright Ordinance (CO) and address developments in artificial intelligence (AI) technology. The consultation, overseen by the Commerce and Economic Development Bureau, aims to gather views on copyright protection for AI-generated works, liability for copyright infringement, potential exceptions, and related concerns. The government is seeking to align Hong Kong's copyright regime with regional intellectual property objectives outlined in the National 14th Five-Year Plan. The consultation includes a public forum on August 2, and submissions are accepted until September 8 [cb3e0475].
The consultation is part of the government's efforts to address the implications of AI technology on copyright law. The government acknowledges the need for copyright exceptions to address the use of others' copyrighted works in developing AI models, and it proposes a 'text and data mining exception' to boost the performance of computer programs. The government also emphasizes the importance of flexibility and fairness in handling copyright infringements involving AI-generated works. The current legal framework handles such cases on a case-by-case basis, and the government does not plan to make substantial amendments to the provisions on copyright protection and infringement. However, it recognizes the need for clarity on issues such as the originality requirement and authorship/ownership of computer-generated works. The government also highlights the availability of legal remedies to address the misuse of personal characteristics through deepfakes [d44ac9db] [cb3e0475].
The public consultation provides an opportunity for various sectors, including film, art, innovation, and technology, to voice their opinions on AI copyright protection. The government encourages the public to submit their views via email, fax, or post. The consultation aims to gather input from stakeholders and experts to ensure that the Copyright Ordinance is updated to effectively address the challenges and opportunities presented by AI technology. By aligning with regional intellectual property objectives, Hong Kong aims to position itself as a leading hub for intellectual property trading and innovation [cebd0eb9] [cb3e0475].