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SCMP Editorial

The significant impact of fast-developing artificial intelligence (AI) technology on so many different sectors of society calls for a comprehensive and carefully calibrated response from governments around the world.
This is especially important in Hong Kong, which has aspirations to be an international innovation and technology centre, as well as a regional hub for intellectual property trading.
Many initiatives are under way, establishing new policies, laying down guidelines and regulations, attracting talent and providing much-needed infrastructure.
Amending copyright laws to ensure they tackle AI’s development issues will be needed. A two-month consultation launched by the government last month is welcome.
Proposals are put forward in a 52-page document and views invited. Stakeholders should express their opinions frankly. Officials should approach the consultation with an open mind and be receptive to feedback.
The paper covers copyright protection, liability for infringement, exemptions and other related issues.
A recommendation that existing laws are sufficient to safeguard works that attract copyright and liability for infringements, avoids the need to meet head on some of the more difficult issues arising from new technology, such as generative AI.
Some might say the government has dodged the issue.
The Copyright Ordinance broadly covers such works as it deals specifically with computer-generated works. But the question of who owns the copyright of AI-generated content, the developer of the technology or the user, would be left for the courts to decide on a case-by-case basis.
There is merit in the argument that the decision turns on the facts of each case and rigid rules may not be appropriate.
But there is room for further discussion on whether greater clarity on the issue can be provided. The proposals also conclude it is not necessary to amend existing legislation on liability.
The most significant suggestion, therefore, is the introduction of copyright exemptions for text and data mining, including the development of generative-AI tools, which are often trained with the use of large quantities of data, including works covered by copyright. The exemptions would be on the basis of “reasonable use”.
This sensible step is intended to encourage development and use of AI in Hong Kong. But it must be handled carefully. The legislation will need to make good on the government’s promise to ensure the right balance is struck between the rights of users of copyrighted material and those of the owners. That will not be easy to achieve.
The consultation process must be used to forge a consensus on the way forward and to ensure the new legal amendments provide clarity while weighing competing interests with great care.


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Hong Kong wants to strengthen copyright law to help protect AI development and promote the city as a regional centre for intellectual property trading. Photo: Reuters

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Hong Kong made its latest amendments to the Copyright Ordinance in May last year. Photo: Elson Li

An hour-long public forum will be held on August 2 at the Science Museum for members of the public to express their views on changes to the law to officials. Photo: May Tse

Opinion

Comment

The amended legislation will need to strike the right balance between the rights of users of copyrighted material and those of the owners. That will not be easy to achieve


The amended legislation will need to strike the right balance between the rights of users of copyrighted material and those of the owners. That will not be easy to achieve.


Artificial intelligence

Hong Kong society

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

Editorial

Editorial | Amend copyright laws to help clarify AI development issues in Hong Kong

The amended legislation will need to strike the right balance between the rights of users of copyrighted material and those of the owners. That will not be easy to achieve