According to a comment published on Ta Kung Pao on April 11, 2025, it is reported that the Hong Kong SAR plans to “improve the protection for the development of artificial intelligence technology under the Copyright Ordinance and propose legislative amendments to introduce specific copyright exemptions for text and data mining so as to allow artificial intelligence to reasonably use copyrighted works for computer data analysis and processing.”
As early as in July 2024, the government of the Hong Kong SAR solicited a public consultation for two months in relation to providing protection for the development of AI technology. According to the government speaker, the generative AI-generated works (AI-generated works) are already subject to copyright protection under the Copyright Ordinance; however, the consultation intended to solicit the public opinion in terms of the following issues: (1) copyright protection for works generated by artificial intelligence; (2) liability for copyright infringement of works generated by artificial intelligence; (3) specific copyright exemptions to be introduced; and (4) other topics related to generative artificial intelligence.
It is reported that the Hong Kong SAR government received more than 60 written opinions from copyright owners or their organizations, technology industries, IP field experts, non-governmental organizations, etc.
Based on the feedbacks, the government considered that the existing provisions of the Copyright Ordinance can protect those who are committed to making the necessary arrangements for the creation of computer-generated works, including AI-generated works, and it shall not hastily amend or repeal existing legal provisions protecting computer-generated works. In terms of the liability for copyright infringement of works generated by artificial intelligence, the government considers that it is more practical to use the form of a guideline to explain how the existing applicable legal provisions and principles should be applied to infringement cases that involve works generated by artificial intelligence at the current stage.
It is worth noting that the government considers that it is necessary to introduce a text and data mining exemption to the current Copyright Ordinance. It is said that “when drafting this exemption, it will make reference to the relevant provisions in the existing Copyright Ordinance and those in other jurisdictions, and in accordance with the international standards of the “three-step test”, impose appropriate restrictions to protect the rights and interests of copyright owners, so as to strike a proper balance between the rights and interests of copyright owners and the interests of the community as a whole.” An example of the “three-step test” above can be seen from Article 9.2 of the Berne Convention for the Protection of Literary and Artistic Works, which provides that “It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”
It can be seen that the government of the Hong Kong SAR tries to balance innovation and copyright protection. On one hand, the rapid development of the AI technologies requires massive data for training and optimization, and an exception on the text and data mining under certain circumstances will be beneficial to reduce the cost and boost the innovation of the AI technologies. On the other hand, it is also important to prevent such exceptions from being abused, which will result in damages to the rights and interests of the copyright owner. Thus, it is estimated more detailed conditions/restrictions regarding the exception will be discussed and introduced in order to better balance various parties’ interests.
As early as in July 2024, the government of the Hong Kong SAR solicited a public consultation for two months in relation to providing protection for the development of AI technology. According to the government speaker, the generative AI-generated works (AI-generated works) are already subject to copyright protection under the Copyright Ordinance; however, the consultation intended to solicit the public opinion in terms of the following issues: (1) copyright protection for works generated by artificial intelligence; (2) liability for copyright infringement of works generated by artificial intelligence; (3) specific copyright exemptions to be introduced; and (4) other topics related to generative artificial intelligence.
It is reported that the Hong Kong SAR government received more than 60 written opinions from copyright owners or their organizations, technology industries, IP field experts, non-governmental organizations, etc.
Based on the feedbacks, the government considered that the existing provisions of the Copyright Ordinance can protect those who are committed to making the necessary arrangements for the creation of computer-generated works, including AI-generated works, and it shall not hastily amend or repeal existing legal provisions protecting computer-generated works. In terms of the liability for copyright infringement of works generated by artificial intelligence, the government considers that it is more practical to use the form of a guideline to explain how the existing applicable legal provisions and principles should be applied to infringement cases that involve works generated by artificial intelligence at the current stage.
It is worth noting that the government considers that it is necessary to introduce a text and data mining exemption to the current Copyright Ordinance. It is said that “when drafting this exemption, it will make reference to the relevant provisions in the existing Copyright Ordinance and those in other jurisdictions, and in accordance with the international standards of the “three-step test”, impose appropriate restrictions to protect the rights and interests of copyright owners, so as to strike a proper balance between the rights and interests of copyright owners and the interests of the community as a whole.” An example of the “three-step test” above can be seen from Article 9.2 of the Berne Convention for the Protection of Literary and Artistic Works, which provides that “It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.”
It can be seen that the government of the Hong Kong SAR tries to balance innovation and copyright protection. On one hand, the rapid development of the AI technologies requires massive data for training and optimization, and an exception on the text and data mining under certain circumstances will be beneficial to reduce the cost and boost the innovation of the AI technologies. On the other hand, it is also important to prevent such exceptions from being abused, which will result in damages to the rights and interests of the copyright owner. Thus, it is estimated more detailed conditions/restrictions regarding the exception will be discussed and introduced in order to better balance various parties’ interests.