The Hong Kong government is soliciting public feedback on proposals to enhance copyright laws to support artificial intelligence (AI) development. This initiative is part of a broader effort to establish the city as a leading regional hub for intellectual property (IP) trading.

Current Legal Framework for AI-Generated Works

According to the Commerce and Economic Development Bureau’s recent consultation document, the existing Copyright Ordinance already provides protection for AI-generated works. Despite recognizing two main issues—how computer-generated works meet originality requirements and authorship/ownership complexities—the bureau does not see a need for major legislative changes. Instead, it suggests that legal precedents should guide future interpretations to keep up with technological advancements.

Addressing Copyright Infringements and Liability Issues

The current legal framework handles copyright infringement cases involving AI-generated works on a case-by-case basis. The government warns against rigid rules that could unfairly burden AI system owners or users, arguing that such measures might hinder technological progress. It highlights the practicality of using contractual agreements to resolve liability matters.

Proposed Copyright Exceptions for AI Development

Developing and training AI models often require using copyrighted materials, which can lead to infringement under current laws. To address this, the government proposes introducing a “text and data mining exception” to allow the use of copyrighted works for computational analysis and processing. This exception would apply to both commercial and non-commercial activities, though copyright owners would have an opt-out option.

Handling Deepfake Misuse and Legal Implications

While deepfakes—the unauthorized use of an individual’s likeness or voice—are not covered under copyright law, the government acknowledges their significance in the broader context of generative AI. Existing legal remedies, such as personal data protection and defamation laws, can be used to combat the misuse of deepfakes. If deepfake content involves copyright infringement, legal action can be taken against the misuse of the creator’s rights.