Hong Kong's IPD has completed a consultation on copyright law amendments and proposes the following, especially in relation to AI and copyright:
A. The existing "computer-generated” definition is wide enough to ensure works generated by AI where there is no human author are protected.
B. It proposes a text and data mining exception allowing AI companies to reproduce copyright works within narrow confines to train their LLMs. The limits include only lawful accessing copyright works, obligations to license where possible, observing express restrictions by copyright owners and no further dealing in the copy.
C. It notes issues of copyright infringement arising from AI-generated works. It states that existing liability rules should suffice.
D. It notes the challenges with deepfakes and transparency of AI systems, and the intersection with IP rights including copyright, personal data privacy, spread of fake and biased information, and ethics, but make no specific proposals.
Singapore already has similar AI amendments in its copyright law. The trend seems be be to make an exception to enable training AIs by copying Works lawful, to encourage investment in the AI sector. This may upset content owners who may need to ensure their copyright works are marked as not permitted for such use.
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