As AI technology rapidly evolves, its intersection with copyright law becomes increasingly complex. In Hong Kong, the government is actively addressing these challenges, particularly regarding AI-generated works and copyright infringement. Here are key takeaways from the latest consultation paper:

• Legislative Stance: Hong Kong's Copyright Ordinance (Cap. 528) is flexible and robust enough to adapt to the AI landscape. The consultation paper emphasizes case-by-case adjudication over immediate statutory changes.
• Copyright Infringement Liability: Determining infringement in AI-generated works involves examining individual cases, considering the roles of various parties. Existing liability provisions in the CO and market practices of contractual arrangements between AI system owners and end-users are relevant.

The IPD is seeking public opinion on potential amendments to the Copyright Ordinance and exploring a new and specific copyright exception to allow reasonable use of copyrighted works for computational data analysis, including text and data mining and AI model training.

For professionals, staying informed and engaged with these developments is crucial for navigating the legal complexities of AI-generated content. Should you or your clients need assistance in IP matters in Hong Kong, please feel free to reach out to our dedicated Hong Kong Team at HKteam@changtsi.com.