HONG KONG – The Hong Kong Special Administrative Region government on Friday gazetted the city’s updated copyright ordinance, which will come into effect on May 1.
The Copyright (Amendment) Ordinance 2022 (Commencement) was updated to strengthen copyright protection in the digital environment, including the introduction of an exclusive technology-neutral communication right for copyright owners and criminal sanctions against infringements of the new right.
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The law also provides several new and expanded copyright exceptions to maintain a balance between copyright protection and reasonable use of copyright works, the government said in a news release.
Upon commencement of the amended law, the Customs and Excise Department will step up inspections and enforcement in cooperation with copyright owners
The exceptions include allowing the use of copyright works in certain common Internet activities as well as facilitating online learning and the operation of libraries, museums and archives.
Additionally, there will be a "safe harbor" regime for incentivizing online service providers (OSPs) to co-operate with copyright owners in combatting online piracy.
To tie in with the "safe harbor", the SAR government gazetted a code of practice that provides guidance and procedures that OSPs may adopt upon being notified of online piracy on their service platforms in accordance with the regime.
The Customs and Excise Department will step up inspections and enforcement in cooperation with copyright owners upon the commencement of the Copyright (Amendment) Ordinance 2022.
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Depending on the circumstances and evidence of individual cases, the department will take enforcement action in accordance with the ordinance to further combat online piracy.