Hong Kong delays AI copyright law to focus on guidelines first
Hong Kong will delay a proposed legal amendment on AI copyright, choosing to issue operational guidelines first. The Copyright (Amendment) Bill 2025 aimed to introduce an "opt-out" mechanism for text and data mining. This mechanism, proposed in 2024, faced criticism for placing too much burden on copyright holders. Authorities will now focus on drafting guidelines to balance creative rights with technology development.
Hong Kong’s delay on AI copyright law shows a regulatory hesitation to commit to a specific mechanism. The "opt-out" approach, which would require creators to actively remove their content from AI training sets, drew significant criticism. Critics argued it would involve too much effort for copyright holders to track and approach AI companies.
This shift to guidelines over legislation reflects a cautious approach common in Asia. Singapore and Japan have also explored AI copyright, often prioritizing innovation. Hong Kong's move gives AI developers more immediate freedom, but it leaves creators without clear legal recourse. This could make Hong Kong a more attractive base for certain AI startups in the short term, avoiding strict legal constraints that might emerge elsewhere.
The test for Hong Kong is whether these forthcoming guidelines provide real clarity or merely defer the problem. Watch for specific dates or enforcement mechanisms in the guidelines. Without them, Hong Kong risks prolonged uncertainty for both creators and AI companies, potentially hindering long-term investment in local creative AI applications.
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