The Ghost in the Machine: Navigating AI Intellectual Property Rights in Hong Kong and Beyond

Abstract

With the New Age of AI and technology, as much as new opportunities have emerged, so have the challenges, especially in the field of copyright law internationally. The paper examines the existing legal framework and concepts built around copyright law internationally by identifying the missing links and proposes the required areas where reforms have become crucial considering the advancement of AI generated content. The paper also discusses a series of case studies which highlights the impact of AI in copyright law as well as the recent legal updates in Hong Kong. These developments are at par with international standards and exhibit how the approach that Hong Kong uses aligns with those of the international jurisdictions. The paper also examines the need to bring more legal clarity so that ethical considerations like ensuring fair usage and preventing discriminatory outputs are also included. This can only be achieved by having a clear and comprehensive ethical code intertwined into a strong legislative framework which addresses all the issues pertaining to AI so that the intellectual property rights benefits can be maximised. Further, the paper also purports to provide insights to regulators, policymakers and legal professionals as a guide into the ever-evolving landscape of AI so it properly strikes the right argument to maintain a healthy balance between ethical standards, the legal requirements of copyright protection and economic interests at large.