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Copyright law in Sheung Wan, Hong Kong, governed by the Copyright Ordinance, is designed to protect rights of creators to their literary, dramatic, musical, and artistic works. This extends not only to traditional forms but also includes software, databases, advertisements, and compilations. The law provides protection against copying, public performance, broadcasting, and any kind of distribution without the creator's explicit consent.
Engaging a legal professional is highly advised if you're facing potential copyright infringement, whether as an alleged infringer or a copyright owner. Lawyers can help interpret complex legal language, assist in documenting evidence, negotiate settlements, or defend your case in court. Additionally, if you are a creator or business owner looking to protect your original work from unauthorized use, a lawyer can provide advice on registration, licensing agreements, and enforcement of your intellectual property rights.
The local law, specifically the Copyright Ordinance (Cap. 528) of Hong Kong, grants copyright protection automatically upon the creation of original works. It is not mandatory to register your work to receive protection. However, it would be beneficial to mark your work with the copyright symbol (©), your name and the year of creation as evidence of copyright ownership. Hong Kong also has strict laws on digital piracy and unauthorized file sharing.
Literary, artistic, musical, and dramatic works, sound recordings, films, broadcasts, cable programs, and typographical arrangement of published editions are covered under Hong Kong’s copyright law.
The duration of copyright protection varies depending on the type of work, but the general rule for literary, dramatic, musical, and artistic works is the lifetime of the author plus 50 years after the author's death.
Any unauthorized use of copyrighted works, such as reproduction, distribution, rental, public performance, public display, or making derivative works without the copyright owner’s consent, constitutes copyright infringement.
No. Giving credit to the copyright owner does not substitute for obtaining permission. Unauthorized usage of copyrighted work, even if the source is credited, can still infringe copyright.
If you are a copyright owner and your work has been infringed, you may take civil legal action and potentially recover damages, obtain an injunction to prevent further infringement, or in some cases, recover profits made from the infringement.
The Intellectual Property Department of the Government of the Hong Kong Special Administrative Region provides comprehensive information and resources on copyright law, including user-friendly guides, leaflets, and databases for public benefit.
Find a law firm or an independent lawyer well-versed in copyright law, ideally with an understanding of your specific industry. Ensure the layer or firm you choose has your best interests at heart, and that they clearly understand your case. A lawyer can guide you through the process, helping you understand your rights and the best course of action. Always remember to gather all relevant documents and evidence related to your case to help your lawyer make a more accurate assessment of the situation.
