Copyright in Hong Kong: automatic protection without registration

Hong Kong Copyright Automatic Protection and No Registration

Copyright in Hong Kong arises automatically on creation. There is no registration system and no register to search. The moment an original work is created and recorded in a tangible form, copyright exists. This is a fundamental difference from trade marks and registered designs, which require formal application to the Intellectual Property Department. A business owner does not need to file any form, pay any fee, or wait for any approval to obtain copyright protection. The governing law is the Copyright Ordinance (Cap. 528).

Hong Kong Copyright Law

The Copyright Ordinance (Cap. 528) is the primary legislation defining copyright protection in Hong Kong. It sets out the types of works that qualify, the rights of the copyright owner, and the duration of protection. The Ordinance treats copyright as a property right that exists to encourage the creation of original works. It grants the owner exclusive rights: to copy the work, distribute it, publish it, perform it, and adapt it. Anyone who exercises these rights without permission commits infringement, unless a statutory exception applies. The Intellectual Property Department administers the law but does not operate a registration system for copyright.

Hong Kong Copyright Registration

Hong Kong has no copyright registration system. Trade marks are registered with the Intellectual Property Department under the Trade Marks Ordinance (Cap. 559). Registered designs are filed under the Registered Designs Ordinance (Cap. 522). Copyright is not recorded on any public register. No government office issues a certificate of copyright registration. There is no official record that a third party can search to verify ownership. The absence of a register is a deliberate feature of the law, reflecting the international consensus that copyright should arise automatically without formalities.

Hong Kong Copyright No Register

Because Hong Kong has no register for copyright, a business owner cannot rely on a government database to prove ownership. Ownership is established through evidence of creation. The law does not require any form, such as NAR1 or NNC1, to be filed. Disputes over ownership are resolved by reference to documentary evidence: drafts, dated copies, correspondence, and witness statements. This is a practical challenge that does not arise with trade marks or patents, where the register provides a clear record of the owner.

Hong Kong Copyright Ownership

The author of a work is generally the first owner of the copyright. For a literary work, dramatic work, musical work, or artistic work, the author is the person who created it. If an employee creates a work in the course of employment, the employer is the first owner, unless there is an agreement to the contrary. For commissioned works, such as a photograph or a portrait, the person who commissioned the work is the first owner, again subject to any agreement. Ownership can be transferred by assignment. The assignment must be in writing and signed by the owner. A licence can also be granted, allowing another party to use the work on specified terms.

Types of Works Protected

The Copyright Ordinance protects several categories of works. These include original literary works, dramatic works, musical works, and artistic works. Literary works cover anything from a novel to a computer program. Dramatic works include scripts and choreography. Musical works are compositions, not including the lyrics, which are a literary work. Artistic works include paintings, sculptures, photographs, and architectural drawings. Sound recordings, films, broadcasts, and cable programmes are also protected as separate categories. A work must be original. That means it must be the author's own intellectual creation. It does not need to be novel or unique.

Duration of Copyright

The duration of copyright depends on the type of work. For literary, dramatic, musical, and artistic works, copyright lasts for the life of the author plus 50 years from the end of the calendar year of the author's death. If the work is of unknown authorship, copyright lasts for 50 years from the end of the calendar year of creation. For sound recordings and films, copyright lasts for 50 years from the end of the calendar year of creation or publication, whichever is later. For broadcasts and cable programmes, copyright lasts for 50 years from the end of the calendar year of the broadcast or programme. After the copyright expires, the work enters the public domain and can be used freely.

Infringement and Fair Dealing

Infringement occurs when a person does any act restricted by the copyright without the owner's permission. This includes copying, issuing copies to the public, renting or lending, performing in public, and communicating to the public. The Copyright Ordinance provides a defence of fair dealing for certain purposes. Fair dealing is permitted for research and private study, criticism and review, and reporting current events. The amount of the work used must be reasonable and must not conflict with the normal exploitation of the work. There is no general fair use defence as in some other jurisdictions. The court considers the purpose of the use, the nature of the work, and the effect on the market.

Moral Rights

The Copyright Ordinance also grants moral rights to the author of a literary, dramatic, musical, or artistic work. These rights are separate from the economic rights of copyright. The right of attribution gives the author the right to be identified as the author of the work. The right of integrity gives the author the right to object to derogatory treatment of the work. Moral rights cannot be assigned. They can be waived in writing. They last for the same duration as the copyright. A business that commissions a work should consider whether the author will require attribution or may object to modifications.

Practical Steps to Prove Ownership

Because there is no registration system, a business owner should take practical steps to document creation. Keep dated copies of drafts, notes, and correspondence. Use a timestamped digital record, such as a cloud storage service that records the date of upload. Consider depositing a copy with a solicitor or a trusted third party. Maintain records of the date and place of creation, the identity of the author, and any agreements that affect ownership. These records are the primary evidence in a dispute. The party with the best documentary evidence is likely to succeed.

Contrast with Trade Marks and Designs

Trade marks and registered designs require formal registration with the Intellectual Property Department. A trade mark application is examined, published for opposition, and registered if unopposed. The registration gives a public record of ownership and a presumption of validity. A registered design protects the appearance of a product. Both systems involve filing forms, paying fees, and waiting for approval. Copyright requires none of these steps. The automatic nature of copyright protection is an advantage for works created frequently and informally, such as written content, software, and marketing materials. Proving ownership, however, can be more difficult.

Summary of Key Points

Copyright in Hong Kong arises automatically on creation. There is no registration system and no register to search. The Copyright Ordinance (Cap. 528) protects original literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, and cable programmes. The author is generally the first owner, subject to rules for employees and commissioned works. Copyright lasts for the life of the author plus 50 years for most works. Infringement is actionable, with a defence of fair dealing for limited purposes. Moral rights also apply. Business owners should keep records of creation to prove ownership in a dispute. This automatic system contrasts with the formal registration required for trade marks and registered designs.