In general, copyright is the right given to the owner of an original work. This right can subsist in literary works such as books and computer software, musical works such as musical compositions, dramatic works such as plays, artistic works such as drawings, paintings and sculptures, sound recordings, films, broadcasts, cable programs and the typographical arrangement of published editions of literary, dramatic or musical works, as well as performers' performances. Copyright works made available on the Internet environment are also protected.
In fact, the subsistence of copyright does not require the work to have an aesthetic value nor to be clever nor very creative. It exists even in an item as simple as a photograph taken by an ordinary person in daily life.
Why is copyright protection important?
Copyright protects creativity. The efforts of writers, artists, designers, software programmers and other talents need to and should be protected so as to create an environment where creativity can flourish and hard work can be rewarded. In return, the public benefits from the creations.
Hong Kong is a creative place. Our film production, television production, sound recording production, publications, fashion, jewellery and graphical design are known world-wide and enjoy a ready market overseas. Hong Kong is also an international trading centre. We need to provide the necessary protection of intellectual property rights, including copyright, to our investors to assure them of a free and fair environment in which to do business.
What is the Copyright Law in Hong Kong?
Copyright law tries to maintain a balance between the rights of copyright owners for adequate payment for the use of their works, and the rights of society as a whole to have access to ideas and information. It is often said that copyright does not protect ideas, but only the expression or product of ideas. For example, you will probably infringe the copyright in a recipe book if you photocopy it without authorisation. But if you use the recipe to make a meal, copyright in the book is not infringed.
The Copyright Ordinance currently in force in Hong Kong has come into effect since 27 June 1997. The Ordinance as reviewed and revised from time to time provides comprehensive protection for recognised categories of literary, dramatic, musical and artistic works, as well as for films, television broadcasts and cable diffusion, and works made available to the public on the Internet. Furthermore, performers of live performances and persons having exclusive recording contracts with performers are also entitled to protection.
There are no formalities required to obtain copyright protection for a work in Hong Kong. Works of authors from any place in the world, or works first published anywhere in the world, also qualify for copyright protection in Hong Kong.
How long does copyright last for?
The general rule is that copyright lasts until 50 years after the creator of the work dies. However, there are minor variations to this depending on the type of work.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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