Hong Kong Updated Copyright Law Will Soon Come Into Effect.
With digital content creation on the rapid rise, there is a need to relook at copyright laws everywhere in the world. For Hong Kong per se, February 17 2023, marks when the gazette of Copyright (Amendment) Ordinance 2022 (Commencement) Notice. The amended ordinance will come into operation on May 1. The updated copyright law in Hong Kong will enable a balance between copyright infringement and the use of copyrighted works.
Digital content creation is taking a rampant drive with the vast online resources available. Generally, content creators create content in the form of edutainment, where the commercialisation part of content marketing could be blurry. Edutainment combines educating the audience through video or graphical content, which is also entertaining for the audience to watch and learn.
Digital Copyright Infringement
Studies show that engaging in conveying information will help audiences and users retain information longer. Brands and companies are scrambling to produce as much content as possible to engage audiences in return for users integrating brands into their lives. Thus, content production at a breakneck rate could result in the infringement of copyrighted works in the digital realm.
Hence, the updated copyright law in Hong Kong is to strengthen copyright protection in the digital environment, including introducing exclusive technology-neutral communication suitable for owners of copyrighted works and criminal sanctions against infringements of the new right.
Nevertheless, digital content producers can still use copyrighted works. The amended ordinance also provides several new and expanded copyright exceptions to balance copyright protection and reasonable use of copyright works. In turn, content producers can heave a sigh of relief.
Content Type Clarity
As long as digital content producers are clear on the content type, they can use copyrighted works. The exceptions include allowing copyrighted works in certain everyday Internet activities, facilitating online learning, and operating libraries, museums and archives.
The updated copyright law in Hong Kong will also incentivise online service providers (OSPs) to cooperate with copyright owners in combatting online piracy. The conduct will be a safe harbour regime for both parties to ensure optimum cooperation.
Combating Online Piracy
Through a gazetted code of practice by the Hong Kong Government, online service providers can adopt the code of practice that provides guidance and procedures upon notification of online piracy on their service platforms. The safe harbour regime offers an avenue for OSPs to take necessary action should online piracy occur.
Looking for Legal Support for Your Business?
3E Accounting is a leading team of business, accounting, and legal experts helping you set up and operate your business in Hong Kong. You can contact us for every type of Legal Services in Hong Kong, including copyright and trademark.
