FTAHK's Response to CEDB on Copyright & AI
September 09, 2024
Consultation
The members of the FinTech Association of Hong Kong (FTAHK) recognise the importance of copyright protection in fostering innovation amidst the increase in adoption of artificial intelligence (AI) when creating content. The FTAHK supports the proposals of the Commerce & Economic Development Bureau of introducing a text and data mining exemption to the Copyright Ordinance and has also recommended guidance for AI developers and users on the management of intellectual property risks.
Key points include:
- Copyright Protection for AI-Generated Works: FTAHK advocates for a case-by-case approach to copyright, suggesting authorities provide guidance on transparency and copyright ownership in AI development.
- Liability for AI-Generated Works: The current legal framework is deemed sufficient, with encouragement for contractual arrangements to manage copyright liability effectively.
- Specific Copyright Exceptions: FTAHK supports introducing a text and data mining exception to promote AI innovation while balancing the rights of copyright owners.
- Holistic Approach to AI Regulation: The association urges coordination among government agencies to address broader ethical issues related to AI, including data privacy and misinformation.
- Clarification on Intellectual Property for Prompts: FTAHK calls for clarity regarding the intellectual property status of prompts used in AI systems, which are vital for generating outputs.
The FTAHK remains committed to supporting a balanced regulatory framework that nurtures innovation while protecting intellectual property rights, positioning Hong Kong as a leading hub for technology and intellectual property.