Copyrights Law in Hong Kong
Here's a comprehensive overview of Copyright Law in Hong Kong:
🇭🇰 Copyright Law in Hong Kong
📘 Legal Framework
Primary Legislation: Copyright Ordinance (Cap. 528), enacted in 1997.
Applies independently from Mainland China under the "One Country, Two Systems" principle.
Covers both economic and moral rights for original works.
🧾 Protected Works
The law protects original works that are recorded in a tangible form, including:
Literary works (books, articles, software)
Dramatic works
Musical works (compositions and lyrics)
Artistic works (paintings, photography, maps, architecture)
Sound recordings
Films
Broadcasts and cable programs
Typographical arrangements of published editions
Note: Copyright arises automatically without the need for registration.
⏳ Duration of Protection
| Type of Work | Duration |
|---|---|
| Literary, dramatic, musical, artistic works | Life of the author + 50 years |
| Sound recordings & films | 50 years after creation or release |
| Broadcasts and cable programs | 50 years from first broadcast |
| Typographical arrangement | 25 years from first publication |
Hong Kong follows the Berne Convention minimum standard of 50 years after the author’s death.
✅ Rights of the Copyright Owner
1. Economic Rights:
Reproduce the work
Distribute copies
Perform, show, or play in public
Broadcast or include in a cable program
Make adaptations or translations
2. Moral Rights:
Right of attribution (to be named as author)
Right to object to derogatory treatment of the work
🛡️ Fair Dealing (Exceptions)
Copyright exceptions in Hong Kong are known as "permitted acts" or "fair dealing", and include use for:
Research and private study
Criticism or review
News reporting
Parody, satire, and pastiche
Teaching and examination
Archival and library use
Each exception is subject to conditions and must not conflict with normal exploitation of the work.
🏛️ Enforcement & Penalties
Infringement includes:
Unauthorized copying or distribution
Selling or importing pirated copies
Public performance without a license
Circumventing technological protection measures (TPMs)
Legal Remedies:
Civil: injunctions, damages, account of profits
Criminal: fines and imprisonment
Up to HK$50,000 per infringing copy and 4 years imprisonment
🌐 International Treaties
Hong Kong (through China) is a member of:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement
Despite being part of China, Hong Kong operates its own IP regime under WTO rules.
📌 Recent Developments
Copyright (Amendment) Ordinance 2022 came into effect on May 1, 2023, updating the law to:
Cover digital communications (e.g. live streaming, online platforms)
Introduce technology-neutral rights
Recognize exception for parody, satire, caricature, and pastiche
Enhance TPM (digital rights management) enforcement
Address online service providers’ liability
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