Updating Hong Kong's Copyright Regime For The Digital Age

After two failed attempts in 2011 and 2014 to amend Hong Kong's copyright regime due to a severe backlash over concerns about potential abuse and possible restrictions on free speech, the latest amendment is due to finally pass into law.

Gazetted in December last year and due to pass into law on May 1, the Copyright (Amendment) Ordinance 2022 (the "Amendment Ordinance") would seem to be a lot less controversial than was feared by some sectors.

The main changes to the copyright regime are: -

1. introduction of a technology-neutral "communication right" for copyright owners and corresponding criminal sanctions against infringements of this right;
2. expansion of fair dealing exceptions for use of copyright works, including the introduction of exceptions for parody, satire, caricature and pastiche and media shifting of sound recordings;