Is Artist’s Copyright Recognized in HK Valid in Other Countries?

Yes, if the country is a member of an international copyright convention, treaty or organization to which Hong Kong also belongs.

These include:

1. The Berne Convention
2. The Universal Copyright Convention
3. The Geneva Convention for the Protection of Producers of Phonograms 
4. World Trade Organisation (WTO)
5. The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)

Most countries in the world are members of these conventions, organisations or treaties.

By virtue of section 177 and section 178 of the Copyright Ordinance, the copyright of a foreigner is valid in Hong Kong if :

(i) the author of the work in question is an individual resident or having a right of abode anywhere in the world, or a body incorporated anywhere in the world; 

(ii) the work is published anywhere in the world 

 

For Hong Kong Art Law Services, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: cac@ccsn.hk]

www.ccsn.hk

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