The legal framework
The Copyright Ordinance protects works for the author's life plus fifty years. The Copyright (Amendment) Ordinance 2022, which came into operation in 2023, introduced a technology-neutral communication right, added exceptions for parody, satire, caricature and pastiche, quotation and commentary on current events, and provided safe harbours for online service providers.
Key points
| Statute | Copyright Ordinance, amended in 2022 |
|---|---|
| Term | Life plus 50 years |
| New exceptions | Parody, satire, caricature, pastiche, quotation, commentary on current events |
| Communication right | New technology-neutral right for the copyright owner |
| Safe harbour | For online service providers that act on notification |
| Media shifting | Limited exception for personal copies |
| Criminal liability | For distribution to an extent prejudicial to the owner |
In practice
- Assume everything you find online is protected: absence of a copyright notice means nothing.
- Look for an explicit licence — Creative Commons, a stock licence, a written permission — and keep a copy of it.
- Credit alone is not a defence: attribution does not replace permission.
- For anything commercial, get permission in writing and keep it for as long as you use the work.
- Use the statutory notification procedure to secure removal by a service provider.
Recent changes
The Copyright (Amendment) Ordinance 2022 came into operation in 2023, ending a reform process that had stalled since 2011.
Where to go
- Intellectual Property Department.
- Composers and Authors Society of Hong Kong.
- Customs and Excise IP investigation.
Worth knowing
The parody and quotation exceptions apply only to acts after the amendment came into operation in 2023: older conduct is judged under the previous, much narrower, framework. The 2022 exceptions apply only to conduct after they came into operation in 2023. Earlier acts are judged under the narrower previous law.
Official sources and links
- GovHK — official government portal