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Copyright: GenAI

Provides information on copyright for HKUST students & staff

Copyright Protection for AI-Generated Works in Hong Kong

Copyright Protection for AI-Generated Works in Hong Kong

  • Under Hong Kong’s Copyright Ordinance, computer-generated works are copyrightable.
  • The author of such works is the person who made the necessary arrangements for creation (Section 11, sub-section 3).
  • Copyright lasts 50 years from the year the work was made (Section 17, sub-section 6).

 

Government Initiatives on AI & Copyright

  • Public Consultation (Jul 2024 - Feb 2025): The HKSAR's Intellectual Property Department (IPD) conducted a "Public Consultation on Copyright and Artificial Intelligence (2024)" on AI and copyright.
  • Released a Paper (Feb 18, 2025): The government published a paper “Enhancement of the Copyright Ordinance regarding Protection for Artificial Intelligence Technology Development – Outcomes of Public Consultation and Proposed Way Forward", outlining future copyright law amendments.
  • Key takeaways: 
    • A Text and Data Mining (TDM) exception will be introduced, allowing data mining for both commercial and non-commercial use, provided it meets the three-step test (lawful access, no infringing copies, record-keeping).
    • An "opt-out" mechanism will let copyright owners prevent their works from being used for AI training by explicitly reserving their rights, including machine-readable signals for online content (details on p.12).

FAQs - Copyright, Intellectual Property


Q: Can I upload journal article full-text PDFs to AI tools to create summaries for my research project?

No. Uploading entire copyrighted materials, such as journal articles or book chapters, to AI tools is generally prohibited by most publishers’ licensing agreements.

These agreements typically restrict sharing full-text content with third-party platforms (including AI tools) to protect intellectual property rights. While some AI tools claim that uploaded content remains private, always review the specific terms of both the content provider and the AI platform before proceeding.

Instead, consider using AI to summarize your own notes

For copyrighted content, limit input to very brief excerpts and ensure proper citation.


Q: Can I upload open access materials to AI tools to create summaries for my research project?

Generally, yes. Open access materials are often licensed under Creative Commons (CC), which typically allows the use of works with AI tools.

However, different CC licenses have different requirements, e.g. CC BY-NC (non-commercial) restricts usage to non-commercial purposes. Always check the specific CC license attached to the material you intend to use and ensure your use complies with its conditions. 


Q: Can I use library databases to train AI or LLM models?

Training AI models with large text and image datasets often involves text and data mining (TDM), which is subject to specific licensing agreements.

Many publishers support TDM for research purposes, but may have restrictions, such as download limits or require certain fees. Check our guide for different TDM policies of publishers and aggregators.


Q: Can I use open access materials to train AI or LLM models?

Open access materials under Creative Commons (CC) licenses or in the public domain generally do not require additional permissions. 

However, some OA content may include third-party materials (e.g. images or figures) that are subject to stricter copyright terms, requiring you to seek additional permissions. Check this article to learn more about using CC-licensed content in AI training


Q: How to deal with personal data when training AI or LLM models?

If your dataset contains personal data, you must ensure compliance with privacy regulations. Consult with your supervisor or senior researchers on any established protocols for handling such sensitive data. 

University’s and the Government’s policies on data privacy can also help: 

Creative Commons

Creative Commons has an FAQ about GenAi and CC Licensing

It includes this useful flow-chart

flow chart showing what actions are allowed by creative commons licenses

Protecting Works from AI Training

Protecting Works from AI Training

Copyright owners can take additional steps to prevent AI tools from using their work, such as:

  • Using Glaze (from the University of Chicago), which includes "WebGlaze" to help artists keep their work from being scraped and used by tools like MidJourney or StableDiffusion without their consent.
  • Implementing robots.txt to block web crawlers. This GitHub site maintains a list of AI agents and robots to block.
  • USA-based Author's Guild has a "model clause to prohibit AI Training" (2025) that authors can use when signing publication agreements with publishers

 

Useful References

  • Check policies on AI training via the Generative AI Licensing Agreement Tracker.

  • How Copyright Relates to GenAi from University College of London (UCL): while HKSAR law and British law are different, the HKSAR takes reference from UK law and other common law jurisdictions, and the language of the ordinance for computer generated work is quite similar.

GenAi and Copyright in China

The HKSAR is a separate legal jurisdiction from the rest of  China. However, it is useful to be aware of some recent issues in copyright and GenAI in China.

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