Jusletter IT

This paper is focused on the copyright ownership of artistic works created by artificial intelligence («AI»), and related issues such as whether utilization of copyrighted prior works constitutes «fair dealing» under the current laws of Hong Kong. Justifications of the current scheme for copyright ownership have been analysed under three major legal theories for justifying the intellectual property system. It is found that the current legal framework is not perfect for balancing the interests between AI composers and the general public under a hypothesized scenario where AI composers are capable of learning and creating independently, and a proposal is provided accordingly.