Copyright::FirstLaw

COPYRIGHT ACT OF HONG KONG

Types of Copyrights

Literary works (e.g. books and computer softwar
Dramatic works (e.g. play)
Musical works (e.g. musical compositions)
Artistic works (e.g. drawings, paintings and sculptures)

Sound recordings
Films
Broadcasts
Performers' performances

The Subsistence of Copyright

Copyright is an automatic right. It arises when a work is created. Unlike other intellectual property rights such as patents, trademarks and industrial designs, it is not necessary to register a copyright in Hong Kong in order to get protection under the law.

Valid Terms of Copyrights

The Owner of the Copyright

The author of a work is the first owner of any copyright in it. Thus, the writer of a book is the first right owner

Copyright Protection

Civil Remedies
1. A copyright owner can seek an injunction to prevent further infringement and may be able to claim damages from the infringer.
2. Border enforcement assistance to copyright owners by the Customs and Excise Department is also available.
Criminal Sanctions
1. Those who commit copyright piracy, such as making of or possession of infringing articles for trade or business, may be subject to a maximum fine of HK$50,000 per infringing article and a term of imprisonment of up to four years.
2. Importing or exporting pirated articles is a criminal offence. It is also an offence to be involved in copyright piracy outside Hong Kong, China for the purpose of importation into Hong Kong. Those who manufacture equipment for copyright piracy may also be liable to a fine of HK$500,000 and a term of imprisonment of up to eight years.
3. 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