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Hong Kong Copyright Overview

Updated:2017-11-1 16:20:25    Source:www.tannet-group.comViews:75

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.

Copyright Law of Hong Kong
Copyright law in Hong Kong to a great extent follows the English model. The Basic Law of Hong Kong, its constitutional document, guarantees a high degree of autonomy and continuation of laws previously in force after its reunification with Mainland China. Hong Kong therefore continues to maintain a separate intellectual property regime from Mainland China. Article 139 and 140 of the Basic Law specifically deal with the protection of copyright in Hong Kong.

Categories of Copyright Works in Hong Kong
Copyright Ordinance (Cap 528) s 2(i)(a) protects 9 categories of copyrighted works:
literary works;
dramatic works;
musical works;
artistic works;
sound recordings;
Films;
Broadcasts;
cable programs;
typographical arrangement of published editions.

Duration of Copyright
S.17 to 21 of the Copyright Ordinance deal with the duration of copyright works. The author of the work is deemed to be the person who creates the work (with exceptions for commissioned works and employee works). S.17(1) to (5) states that the duration of copyright of literary, dramatic, musical and artistic works is the life of the author plus 50 years, or 50 years from the end of the year in which the work was first created or made available to the public if the identity of the author is not known.

Except for typographical arrangement of published editions, the duration of copyright in other works is also 50 years from certain events specified in the Copyright Ordinance. The duration of copyright in typographical arrangement of published editions is 25 years from the year of first publication, according to S.21 of the Copyright Ordinance.

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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, 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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