FilMart Panel Maps Global Patchwork of AI Copyright Rules
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- Sandra Hui, assistant director of IP at the Hong Kong Intellectual Property Department, said at FilMart that artistic works receive copyright protection "when the creation is clearly completed by a human."
- Hui told the panel there is no internationally consistent standard on AI-generated content copyright, a situation she said will change as more caselaw develops around generative AI.
- The EU, U.S., and Singapore require human authorship for copyright, while the U.K., New Zealand, and Hong Kong have specific provisions protecting computer-generated works without human authors.
- Chinese mainland courts have indicated AI-generated works are copyrightable when output reflects the prompt writer's intellectual effort, with one case hinging on the human demonstrating detailed instructions and constant modifications to the images.
- Hui flagged inconsistent AI platform terms of service as a greater concern than the human-authorship question, noting some providers claim copyright ownership with non-exclusive user licenses while others grant full ownership — and terms can vary by membership tier.
- Hui advised creators to scrutinize terms-of-service clauses for usage scope and any restrictions "that could hinder one's expected usage method."
Why it matters: For producers weighing AI-assisted workflows, copyright standing depends on jurisdiction — a work protectable in Hong Kong or the U.K. may not qualify in the EU or U.S. Hui's sharper warning: platform terms of service can strip rights even where copyright law grants them, making each provider's contract a practical gatekeeper for any AI-assisted production.
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