On 8 July 2024, the Hong Kong Intellectual Property Department, under the Commerce and Economic Development Bureau, launched a two-month public consultation aimed at enhancing the Copyright Ordinance (Cap. 528) to support the development of artificial intelligence (AI) technologies. The consultation, open until 8 September 2024, seeks to refine Hong Kong’s copyright regime to encourage creation and investment in creative works while also fostering innovation.
Objectives of the Consultation
The primary objective of the consultation is to ensure that AI-generated works (AI-generated works) are adequately protected under the existing Copyright Ordinance. Current legislation already offers copyright protection for original works generated by computers, including those created using AI technologies. The proposed enhancements aim to further solidify Hong Kong’s position as a regional intellectual property trading hub by aligning its copyright regime with international standards, thus encouraging investment in AI technology and creative industries.
Key Issues in the Consultation Document
1) Copyright Protection for AI-Generated Works
Under the current Copyright Ordinance, AI-generated works are already protected. These works include original literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, cable programs, and published editions. The ordinance stipulates that the person who makes the necessary arrangements for the creation of such works is deemed the author.
The consultation seeks to confirm the adequacy of these provisions and explore if additional measures are needed to address the unique nature of AI-generated content. The consultation also considers how the definition of authorship might evolve in the context of AI, as the traditional concept of a human creator may not fully apply. This examination includes the potential need for clear guidelines on the attribution of authorship and the implications for copyright duration and ownership rights.
2) Legal Liability for Copyright Infringement by AI-Generated Works
When AI-generated works infringe on copyright, the existing legal principles and provisions under the Copyright Ordinance apply. This includes civil liability for unauthorized use of copyrighted material and criminal liability for piracy.
The consultation document examines whether current laws sufficiently address the complexities of AI-related copyright infringement and whether additional legislative measures are necessary to clarify liability. This involves determining the responsibility of AI developers, users, and owners in instances where AI systems inadvertently or deliberately produce infringing content. The goal is to ensure that liability is appropriately assigned and that there are clear remedies for rights holders.
3) Proposed Copyright Exemptions
The consultation proposes introducing specific copyright exemptions to facilitate non-commercial and commercial computer data analysis and processing, including the development and training of AI models. This aligns with international practices in jurisdictions like the EU, Japan, Singapore, and the UK. The aim is to balance the rights of copyright owners with the need to promote AI technology development, ensuring that Hong Kong remains competitive globally. The proposed exemptions would provide a legal framework that supports the use of copyrighted material for AI training and development while safeguarding the interests of rights holders. This could include limitations on the scope of permissible use and requirements for data management and transparency.
4) Other AI-Related Issues
The document also addresses issues such as deepfakes and AI system transparency. Given that these topics intersect with various legal and technological domains, the consultation seeks to gather opinions on the most appropriate regulatory approach.
The government intends to monitor international developments and local conditions to formulate strategies that suit Hong Kong’s unique context. This includes evaluating the ethical implications of AI technologies, the need for transparency in AI decision-making processes, and the protection of personal data. The consultation aims to ensure that Hong Kong's legal framework is robust enough to address emerging challenges while fostering an environment conducive to innovation.
Comment
The proposed amendments to Hong Kong’s Copyright Ordinance mark a significant step toward fostering an environment conducive to AI innovation. By providing clear legal protection and addressing the complexities of AI-generated content, Hong Kong can attract investment in AI technologies and creative industries. The introduction of specific copyright exemptions for data analysis and AI model training will likely stimulate research and development, promoting technological advancements.
The rapid pace of AI development necessitates a flexible legal framework that can adapt to emerging challenges. The proposed amendments and the ongoing consultation signify Hong Kong’s commitment to creating a robust intellectual property framework that supports AI development. This initiative will not only enhance legal certainty for AI-generated works but also ensure that Hong Kong remains competitive in the global digital economy.
Objectives of the Consultation
The primary objective of the consultation is to ensure that AI-generated works (AI-generated works) are adequately protected under the existing Copyright Ordinance. Current legislation already offers copyright protection for original works generated by computers, including those created using AI technologies. The proposed enhancements aim to further solidify Hong Kong’s position as a regional intellectual property trading hub by aligning its copyright regime with international standards, thus encouraging investment in AI technology and creative industries.
Key Issues in the Consultation Document
1) Copyright Protection for AI-Generated Works
Under the current Copyright Ordinance, AI-generated works are already protected. These works include original literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, cable programs, and published editions. The ordinance stipulates that the person who makes the necessary arrangements for the creation of such works is deemed the author.
The consultation seeks to confirm the adequacy of these provisions and explore if additional measures are needed to address the unique nature of AI-generated content. The consultation also considers how the definition of authorship might evolve in the context of AI, as the traditional concept of a human creator may not fully apply. This examination includes the potential need for clear guidelines on the attribution of authorship and the implications for copyright duration and ownership rights.
2) Legal Liability for Copyright Infringement by AI-Generated Works
When AI-generated works infringe on copyright, the existing legal principles and provisions under the Copyright Ordinance apply. This includes civil liability for unauthorized use of copyrighted material and criminal liability for piracy.
The consultation document examines whether current laws sufficiently address the complexities of AI-related copyright infringement and whether additional legislative measures are necessary to clarify liability. This involves determining the responsibility of AI developers, users, and owners in instances where AI systems inadvertently or deliberately produce infringing content. The goal is to ensure that liability is appropriately assigned and that there are clear remedies for rights holders.
3) Proposed Copyright Exemptions
The consultation proposes introducing specific copyright exemptions to facilitate non-commercial and commercial computer data analysis and processing, including the development and training of AI models. This aligns with international practices in jurisdictions like the EU, Japan, Singapore, and the UK. The aim is to balance the rights of copyright owners with the need to promote AI technology development, ensuring that Hong Kong remains competitive globally. The proposed exemptions would provide a legal framework that supports the use of copyrighted material for AI training and development while safeguarding the interests of rights holders. This could include limitations on the scope of permissible use and requirements for data management and transparency.
4) Other AI-Related Issues
The document also addresses issues such as deepfakes and AI system transparency. Given that these topics intersect with various legal and technological domains, the consultation seeks to gather opinions on the most appropriate regulatory approach.
The government intends to monitor international developments and local conditions to formulate strategies that suit Hong Kong’s unique context. This includes evaluating the ethical implications of AI technologies, the need for transparency in AI decision-making processes, and the protection of personal data. The consultation aims to ensure that Hong Kong's legal framework is robust enough to address emerging challenges while fostering an environment conducive to innovation.
Comment
The proposed amendments to Hong Kong’s Copyright Ordinance mark a significant step toward fostering an environment conducive to AI innovation. By providing clear legal protection and addressing the complexities of AI-generated content, Hong Kong can attract investment in AI technologies and creative industries. The introduction of specific copyright exemptions for data analysis and AI model training will likely stimulate research and development, promoting technological advancements.
The rapid pace of AI development necessitates a flexible legal framework that can adapt to emerging challenges. The proposed amendments and the ongoing consultation signify Hong Kong’s commitment to creating a robust intellectual property framework that supports AI development. This initiative will not only enhance legal certainty for AI-generated works but also ensure that Hong Kong remains competitive in the global digital economy.