Abstract
The use of Hong Kong's proposed copyright reforms to address AI-related challenges have sparked significant discussion. In July 2024, the Hong Kong government released a public consultation paper on copyright and AI and addressed the emerging copyright issues in the era of generative AI. A major feature is the government’s interpretation of the existing Copyright Ordinance provisions on computer-generated works (CGWs). The Hong Kong government concluded that existing provisions already support copyright protection for AI-generated content, including literary, dramatic, musical and artistic (LDMA) works and non-LDMA works. Furthermore, the government claims that the current framework provides sufficient incentives for AI investment and creativity.
This paper disagrees with the government's approach and argues that awarding sui generis rights to AI works generated with human contributions, with serious consideration given to revising, repealing or even replacing them with a new rights model, serves the broader policy purpose which avoids the pressing problems associated with a plain reading of the existing CGWs provisions.
This paper disagrees with the government's approach and argues that awarding sui generis rights to AI works generated with human contributions, with serious consideration given to revising, repealing or even replacing them with a new rights model, serves the broader policy purpose which avoids the pressing problems associated with a plain reading of the existing CGWs provisions.