Hong Kong Copyright
Key Facts
Registration system for copyright
There is no registration system for obtaining copyright protection for a work in Hong Kong. Author of a work enjoys copyright upon completion of the work. Moreover, works of authors from any place in the world, or works first published anywhere in the world, are also entitled to copyright protection in Hong Kong.
Coverage of copyright protection
Works in the categories of literary, dramatic and musical works, as well as for artistic works, sound recordings, films, broadcasts and cable program, and typographical arrangements of published editions.
Protection term
Generally, copyright lasts the lifetime of an author plus 50 year. However, there are minor variations depending on the type of work:
- Literary, dramatic and musical works: Lifetime of an author plus 50 year
- Artistic works: Lifetime of an author plus 50 year
- Sound recordings: 50 years from the end of the calendar year in which (1) it was made or (2) it was released
- Films: Lifetime of the principal director, author of the screenplay, author of the dialogue or composer of music specially created for and used in the film plus 50 year
- Broadcasts and cable program: 50 years from the end of the calendar year in which the broadcast was made or the program was included Typographical
- Typographical arrangements of published editions: 25 years from the end of the calendar year in which the edition was first published.
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FAQ
How to obtain copyright protection for works in Hong Kong?
Copyright is an automatic right that exists upon the creation of the work by an author. Registration is not necessary to obtain such right. Hence, it is advisable for a copyright holder to keep records of creating process of the work as it will be helpful to the enforcement in Hong Kong.
If no registration is available, what should I do when infringement arises?
You can take civil legal action against any party who infringes your copyright in the work. Alternatively, you 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. As civil proceedings can be complicated, it is recommended to consult legal professional to initiate any legal actions.
We are pleased to provide consultation and assistance on this matter for you!
Can works of foreign entities be protected in Hong Kong?
Yes, according to the Copyright Ordinance, works of authors from any place in the world, or works first published anywhere in the world, are also entitled to copyright protection in Hong Kong.
Moreover, as Hong Kong is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the Phonograms Convention, or the World Intellectual Property Organization Convention (WIPO) as well as a member of the World Trade Organization (WTO) and signatory of Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement, works which are created or first published in Hong Kong are also protected in most countries and territories in the world.
Moreover, as Hong Kong is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, the Phonograms Convention, or the World Intellectual Property Organization Convention (WIPO) as well as a member of the World Trade Organization (WTO) and signatory of Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement, works which are created or first published in Hong Kong are also protected in most countries and territories in the world.
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