What is copyright in Hong Kong?

Hong Kong Copyright Law Automatic Protection

What Is Copyright Hong Kong?

Copyright in Hong Kong is a property right giving the creator of an original work the legal right to control its use. It protects the expression of ideas, not the ideas themselves. Under the Copyright Ordinance (Cap. 528), copyright arises automatically upon creation. Hong Kong has no registration system. There is no application process and no register to search. The right exists the moment a work is recorded in a fixed form, whether in writing, on a recording or in a digital file.

Hong Kong Copyright Law

The Copyright Ordinance (Cap. 528) governs copyright in Hong Kong. It provides the legal framework for protecting original creative works and sets out the rights of copyright owners, the duration of protection and the remedies for infringement. The law also recognises moral rights, which allow the creator to be identified as the author and to object to derogatory treatment of the work.

Automatic Copyright Protection Hong Kong

Automatic copyright protection Hong Kong means no formal steps are required to secure copyright. Unlike trade marks or patents, which must be registered with the Intellectual Property Department, copyright exists from the moment of creation. The creator does not need to publish the work, deposit a copy with any authority or pay a fee. This protection applies to any original work that is recorded, regardless of its literary or artistic merit.

Intellectual Property Copyright

Intellectual property copyright is one of several forms of intellectual property protection in Hong Kong. It covers original works in the categories of literary, dramatic, musical and artistic works, as well as films, sound recordings, broadcasts and typographical arrangements of published editions. The copyright owner has the exclusive right to reproduce, distribute, perform and adapt the work.

Copyright Infringement Hong Kong

Copyright infringement Hong Kong occurs when a person does any act restricted by the copyright without the licence of the copyright owner. Infringement can be civil or criminal. The Copyright Ordinance (Cap. 528) provides for damages, injunctions and, in serious cases, criminal penalties including fines and imprisonment. The Intellectual Property Department provides guidance on copyright matters but does not enforce copyright; enforcement is a matter for the courts and the Customs and Excise Department in cases of commercial piracy.