Copyright in Hong Kong

What is Copyright Law?

The Copyright Ordinance currently in force in Hong Kong has come into effect since 27 June 1997. The Ordinance as reviewed and revised from time to time provides comprehensive protection for recognised categories of literary, dramatic, musical and artistic works, as well as for films, television broadcasts and cable diffusion, and works made available to the public on the Internet. Furthermore, performers of live performances and persons having exclusive recording contracts with performers are also entitled to protection.

There are no formalities required to obtain copyright protection for a work in Hong Kong. Works of authors from any place in the world, or works first published anywhere in the world, also qualify for copyright protection in Hong Kong. 

Through the application of many international copyright conventions in Hong Kong, i.e. the Berne Convention, Universal Copyright Convention, the Phonograms Convention, the World Trade Organisation - Agreement on Trade Related Aspects of Intellectual Property Rights, the World Intellectual Property Organization (“WIPO”) Copyright Treaty and the WIPO Performances and Phonograms Treaty, your work is also protected in most countries and territories in the world.

How are works protected?

• Civil Remedies 

A copyright owner can take civil legal action against any person who infringes the copyright in the work. The activities that the owner can prevent vary according to the various types of works; but essentially the owner has the exclusive right to copy the work and to distribute it to the public. The owner may seek all necessary relief against the infringer, such as an injunction to prevent further infringement, an order for delivery up of the infringing items, disclosure of information about the supply and/or dealings of the infringing items and an award for damages as well as costs.

The laws governing parallel importation of copies of copyright works have been liberalized after enactment of the relevant provisions of the Copyright (Amendment) Ordinance 2003 and the Copyright (Amendment) Ordinance 2007. Since 28 November 2003, the restriction on parallel importation has ceased to apply to articles containing a computer program (commonly known as computer software products). However, if the principal attraction of a computer software product is musical sound or visual recordings, movies, television dramas, e-books, or a combination of them, the restriction continues to apply. Starting from 6 July 2007, there is no longer any civil and criminal sanction for end users to import or possess parallel imported copies of copyright works for use in business. However, parallel importation of copies of copyright works for any of the following purpose is still subject to civil or even criminal sanctions (see below):

Anyone who manufactures or sells products for defeating technological copyright protection systems is also civilly liable. Border enforcement assistance to copyright owners by the Customs and Excise Department is also available.

• Criminal Sanctions 

The Customs and Excise Department is responsible for enforcing criminal aspects of copyright infringement. It has extensive powers of search and seizure in the investigation of alleged infringements, and has the power to confiscate suspected infringing copies whether or not a charge has been laid.

There are wide-ranging provisions in the law for criminal enforcement of copyright. Those who commit copyright piracy, such as making of or possession of infringing articles for trade or business, may be subject to a term of imprisonment of up to four years and a maximum fine of HK$50,000 per infringing article.

Importing or exporting pirated articles is a criminal offence. It is also an offence to be involved in copyright piracy outside Hong Kong for the purpose of importation into Hong Kong. Those who manufacture equipment for copyright piracy may also be liable to a term of imprisonment of up to eight years and a maximum fine of HK$500,000.

Dealing in parallel-imported copies of any copyright work (except computer software products), importing them for dealing, importing or possessing parallel-imported copies of movies, television dramas, musical sound recordings or musical visual recordings for playing or showing in public is a criminal offence during the 15 months commencing from the work's first publication anywhere in the world.

Making, importing, exporting or dealing in products for defeating technological copyright protection systems, or providing commercial services for enabling customers to defeat the same systems is a criminal offence. Any offender, upon conviction, is liable to a term of imprisonment of up to four years and a maximum fine of HK$500,000.

How long does copyright last for?

The general rule is that copyright lasts until 50 years after the creator of the work dies. However, there are minor variations to this depending on the type of work.

Are there any copyright exceptions?

To balance the rights of the owners and society as a whole, there are exceptions in the law. A work will only be infringed if a substantial part is taken. This is a matter of quality rather than quantity. If a musician copies a very catchy musical phrase from another musician's song, there is likely to be infringement even if that phrase is very short.

Subject to conditions, fair dealing for research and private study; criticism, review and news reporting, for use of works in library and school are permitted. Yet users should still be cautious about possible infringement. Photocopying an unreasonable amount of a book might constitute an infringement, for example.