Protecting Human Creativity from AI’s Grip (Haochen Sun Profiled in HKU Bulletin)

"Protecting Human Creativity from AI’s Grip"

Haochen Sun

HKU Bulletin
Published in May 2026

Professor Haochen Sun of the Faculty of Law has been looking at the threats to human creativity from AI, and possible legal and ethical remedies.

Every big AI platform has faced lawsuits for using existing creative works to train their models without permission or compensation, with plaintiffs ranging from Hollywood studios to media outlets to individual artists and authors. For Professor Haochen Sun, Founding Director of HKU’s Programme on Artificial Intelligence and the Law and an expert in technology law and policy, this use of creative works is a legal and ethical problem for both creators and society.

“These works are the foundation of our human civilisation. They embody human thought, from philosophy to literature, music and art, and they should be highly valued. When they’re used in the AI training process, it demeans their value by transforming them into tokens. What would be the implications, then, for the future of human creativity?” he asked.

Using content without permission is problematic on several fronts, he said. First, whoever controls the inputs to the AI training process can shape how AI develops and makes decisions, so the creators who provide that input could be excluded.

Second, there is the possibility that copyright protection could extend to AI-generated material, knowingly or not. While most jurisdictions do not allow this (apart from one judge in the Chinese Mainland who decided that an AI prompt was creative input), Professor Sun believes there is little to stop humans from presenting AI content as their own.

“It’s so easy to conceal this content and pretend it was made by a human,” he said. “I can foresee that an enormous amount of AI-generated content, ranging from text answers to images and videos, could end up being protected by copyright law because the threshold as the law stands – called the ‘originality requirement’ – is extremely low.”

In awe of AI

In such a scenario, ‘AI copyright trolls’ may be incited to launch lawsuits to see what they could extract. Most importantly, content flows to the public domain would be restricted, ultimately harming human creativity......

Click here to read the full text.

Taorui Guan won the 3rd place of the ATRIP 2025 Essay Competition

Congratulations to Taorui Guan on winning the 3rd Place for the ATRIP 2025 Essay Competition with his paper “Reconstructing Originality in Human–AI Collaboration under US Copyright Law”.

Every year, ATRIP holds an Essay Competition for Young Researchers in Intellectual Property Law. The competition is sponsored by FICPI, the International Federation of Intellectual Property Attorneys. For more information, please click here to view on ATRIP website.

Yang Lin and Taorui Guan on From safe harbours to AI harbours: reimagining DMCA immunity for the generative AI era (JIPLP)

"From safe harbours to AI harbours: reimagining DMCA immunity for the generative AI era"
Yang Lin (PhD 2022), Taorui Guan
Journal of Intellectual Property Law & Practice
Published online: August 2025

Abstract: Generative artificial intelligence (AI) overturns the passive-intermediary assumptions that underlie the US Digital Millennium Copyright Act (DMCA) safe harbour. Modern systems ingest vast, often unlicensed datasets and emit on-the-fly outputs through a supply chain that spans data suppliers, model developers and deployers—raising parallel concerns in the EU, UK, Hong Kong and other jurisdictions.

Building on DMCA section 512, this article sketches an ‘AI harbour’ that ties immunity to role-specific duties: provenance disclosure and transparency for data suppliers; dataset curation, memorization-mitigation and watermarking for developers and dynamic filtering, complaint handling and repeat-infringer policies for deployers. A new statutory section—administered by an ‘AI Division’ within the Copyright Office—would certify actors, audit compliance and endorse technical standards developed through industry co-regulation.

The proposal preserves the DMCA’s cooperative bargain while supplying clear, technologically realistic compliance pathways. Because its tiered obligations, administrative oversight and adaptive self-regulation can be grafted onto existing regimes, the model travels well: the EU could integrate comparable safeguards alongside the Digital Services Act and AI Act; the UK’s post-Brexit reforms and Hong Kong’s technology-neutral Copyright Ordinance could embed similar structures. In this way, the AI harbour could offer a scalable blueprint for protecting creators without chilling innovation in the generative era.

Yahong Li & Zhaoxia Deng on Players’ Rights to Game Mods: Towards a More Balanced Copyright Regime (Computer Law & Security Review)

"Players’ Rights to Game Mods: Towards a More Balanced Copyright Regime"
Yahong Li & Zhaoxia Deng

Computer Law & Security Review
Published in November 2021
Abstract: In the context of video game, there is a notable convergence between the users and producers of content. There is also a tension between control over created content and innovative uses of that content, which arises from the gap existed between copyright law and the emerging practices of online communities. This paper examines a distinct form of player-contributed content, namely game Mods, through the perspective of social welfare rather than that of content creators. It argues that law is not the only factor affecting copyright owners’ decision-making behavior; social and economic factors also play an essential role. These factors explain why game developers may tolerate or even encourage minor alterations to their works but prohibit total conversion of the Mods. Given that the existing law and terms of service cannot serve as “effective cure” for regulating game Mods, this paper explores the social and economic factors that impact how game corporations address modding, framing these factors in a four-quadrant model according to the relative benefits and harm of Mods to game developers and users/modders. The inconsistency between the letter of the law and its practical application in the modding context suggests a need for law reform. Based on the findings of the above examinations, this paper proposes a two-pronged solution to the modding problem. The first prong concerns the social benefit of game Mods, aiming at changing the copyright regime from being exclusive to non-exclusive, which confers on gamers the legal right to modify video games without permission but obliges them to remunerate the original developers for commercial use of those Mods. The second prong concerns the potential social harm of game Mods and proposes a community-based approach, under which game operators are imposed a common law duty to monitor infringement and to ensure the fair implementation of game developers’ terms of service.  Click here to download the article (until 22 January 2022).

PhD candidate Ms Zhang Hongjiao Awarded Third Place in ATRIP Essay Competition 2020

 

Congratulations to Ms Hongjiao Zhang, HKU PhD candidate under the supervision of Dr Yahong Li, on winning the third place at the ATRIP Essay Competition 2020 with her paper “A Typological Framework for the Implied License Doctrine in Copyright Law”.   

Abstract: In property law, the transfer of the possession of movable property and the registration system of real estate can demonstrate the transfer of property ownership. However, intellectual property, including copyright, is intangible. The ownership of copyright cannot be inferred from the possession of the material object in which the work is embodied because the ownership of copyright is distinct from the ownership of the material object. Thus, to enhance the predictability and certainty of copyright ownership, including exclusive licenses of copyrighted works, a signed document is required in many jurisdictions. Nonexclusive licenses, however, carry no such requirements and can be granted via oral expression or implied from conduct. The point of the leading copyright treaties that “a nonexclusive license may be granted via oral expression or implied from conducts” has been cited in many US copyright cases. In this sense, an implied license addresses a gap in copyright law.  The paper can be downloaded here.

New Book co-edited by Haochen Sun: The Cambridge Handbook of Copyright Limitations and Exceptions (CUP)

The Cambridge Handbook of Copyright Limitations and Exceptions

Edited by Shyamkrishna Balganesh, Ng-Loy Wee Loon and Haochen Sun

Cambridge University Press

Published in January 2021, 420 pp.                                

Book Description:  While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

    HKU Law colleagues contribute to Chapters 14 ("Creating a Public Interest Principle for the Adjudiciation of Fair Use and Fair Dealing Cases" by Haochen Cun) and 19 ("From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong" by Alice Lee and Brendan Clift).

Alice Lee on “Copyright Classroom” (new KE and T&L initiative)

HKU Law promotes creative and ethical use of copyright works in education with short videos

Led by HKU Faculty of Law Associate Dean (Academic Affairs) and Associate Professor Ms Alice Lee, a series of short videos titled “Copyright Classroom” is produced to promote creative and ethical use of copyright works in education. In the videos, HKU law alumnus and English Language enthusiast KOL “Uncle Siu” is the voice. A total of nine videos, tailor-made for the tertiary, secondary and primary education sectors, are disseminated through “The Copyright Classroom – HKU” channel as well as Ms Lee’s education website. 

      Copyright is meant to encourage creativity by conferring exclusive rights on authors and enabling copyright owners to make profits by distributing or licensing copyright works. Nevertheless, in reality, the copyright regime is too complex and technical for a layman to comprehend. “There are burning questions regarding copyright issues in education. For example would it be copyright infringement when teachers and students include copyright works like images or music into their presentations, teaching/learning materials or social media? How about busking or school performance in which parody or adaptation is involved? Or merchandise to be sold at Lunar New Year Fair? Would any exception be granted? We hope, through these videos, both the education sector and general public would have a better understanding of the copyright principles; and be able to identify copyright exceptions in teaching and learning, and know where to look at if relevant resources and materials are needed.” said Ms Lee, who has been teaching and researching copyright law for more than 20 years and was the recipient of the 2019 University Distinguished Teaching Award.

     The project is supported by the HKU Knowledge Exchange Funding and HKU Teaching Development Grant. To view the Copyright Classroom, please click here. 

Yahong Li on Copyright Issues with the “Black Hole” Image and their Legal Implications (Cardozo Arts & Ent LJ)

"Copyright Issues With The “Black Hole” Image And Their Legal Implications"

Yahong Li

Cardozo Arts and Entertainment Law Journal

Published on 31 January 2020

Abstract: The release of the world’s first-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled. This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image’s copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a Creative Commons 4.0 Attribution license cannot guarantee public access because it can be changed at any time to a more restrictive license. This Article concludes that only by leaving the black hole image in the public domain can copyright’s objective of increasing public access to creative works and promoting scientific progress be achieved.

Yahong Li on the Age of Remix and Copyright Law Reform (Law, Innovation and Technology)

''The age of remix and copyright law reform''

Yahong Li

Law, Innovation and Technology

Published on 18 February 2020

Abstract: The remix has emerged as a dominant force of creation in the digital and Internet age. The solutions under current copyright law such as fair use as well as voluntary, compulsory and public licencing have failed to adequately protect remix works and remixers, and as a result hampered the creativity of remix artists. New approaches are needed to cope with the challenges. This article proposes to add remix as a protectable subject matter; create a right to remix and grant it to remixers; obligate remixers to attribute source works to copyright holders and remunerate them for remixing; require the same remix rights and obligations to be passed on to future remixers; and impose a statutory levy on social media for using remixes. It is argued that the proposed approach can better protect remix creation and help achieve an optimal balance of interests between copyright holders, social media and users.

Yahong Li on Copyright Issues with the “Black Hole” Image and Their Legal Implications (forthcoming journal article)

"Copyright Issues with the “Black Hole” Image and Their Legal Implications"
Yahong Li
Cardozo Arts and Entertainment Law Journal,
forthcoming: Volume 38, Issue 1

Abstract: The release of the world’s first-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled. This paper argues that the black hole image should be left in the public domain without copyright protection because: first, the image’s copyrightability and copyright ownership are too uncertain to warrant a legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of world significance that was created through broad international collaboration with substantial public funding, which has a strong implication for public interest in access of the work; and third, Creative Commons 4.0 Attribution license cannot guarantee public access because it can be changed to a more restrictive license. This paper concludes that only leaving the black hole image in the public domain can copyright’s objective of increasing public access of creative works and promoting scientific progress be achieved.

Yahong Li on The Age of Remix and Copyright Law Reform (SSRN)

"The Age of Remix and Copyright Law Reform"

Yahong Li
Law, Innovation and Technology, 12.1, Forthcoming
University of Hong Kong Faculty of Law Research Paper No. 2019/006

Abstract: The remix has emerged as a dominant force of creation in the digital and Internet age. The solutions under the current copyright law such as fair use as well as voluntary, compulsory and public licensing have failed to adequately protect remix works and remixers, and as a result, hampered the creativity of remix artists. New approaches are needed to cope with the challenges. This article proposes to add remix as a protectable subject matter; create a right to remix and grant it to remixers; obligate remixers to attribute source works to copyright holders and remunerate them for remixing; require the same remix rights and obligations to be passed on to future remixers; and impose a statutory levy on social media for using remixes. It is argued that the proposed approach can better protect remix creation and help achieve an optimal balance of interests between copyright holders, social media and users.

Yahong Li on Music Copyright Society of China's Legal Right and Standing to Bring Lawsuit in Its Own Name (new book chapter)

"Music Copyright Society of China Has Legal Right and Standing to Bring Lawsuit in Its Own Name"

Yahong Li

in Kung-Chung Liu (ed.), Annotated Leading Copyright Cases in Major Asian Jurisdictions (City University of Hong Kong Press, 2019), pp. 98-101

Abstract: This is a case filed by the Music Copyright Society of China ("MCSC") against Suzhou Broadcasting and Television Bureau ("SBTB") for broadcasting its members' published songs without payment.  The appeal court, Suzhou Intermediate People's Court, upheld the judgment of the first instance, Suzhou Huqiu District Court: the defendant is liable for infringement of MCSC's right in broadcasting, and the defendant's defense of fair use should be rejected.

Yahong Li on Reminiscing About the Golden Age: An Analysis of Efforts to Revive the Hong Kong Film Industry Through the Lens of Copyright Protection (new book chapter)

"Reminiscing About the Golden Age: An Analysis of Efforts to Revive the Hong Kong Film Industry Through the Lens of Copyright Protection"

Yahong Li

in Liu, Kung-Chung, Racherla, Uday (eds), Innovation, Economic Development, and Intellectual Property in India and China (Springer, 2019), pp. 145-172

Abstract: The Hong Kong film industry portrayed itself as an international film powerhouse during its golden age.  Its light was dimmed on account of the industry's director-centered production system, prevailing investor pressure, weak infrastructure, political and economic conditions, popularity of foreign films, and rampant piracy. The Hong Kong government established infrastructural solutions and financial remedies to alleviate the industry's plight.  Despite those laudable efforts, success has been limited.  The key to restoring film industry to its former glory lies in reforming the traditional Hong Kong copyright framework, including reconstructing the copyright ownership rule, providing breathing space for secondary creation, and decriminalizing individual, noncommercial online sharing.

Alice Lee and Brendan Clift: "From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong" (forthcoming book chapter)

"From Fair Dealing to User-Generated Content: Legal La La Land in Hong Kong"

Alice Lee and Brendan Clift

in  Shyamkrishna Balganesh, Wee Loon Ng-Loy, Haochen Sun (eds), The Cambridge Handbook of Copyright Limitations and Exceptions (CUP forthcoming July 2020)

Introduction:  In March 2016, the Hong Kong government abandoned its latest attempt to reform copyright law for the digital era. Notwithstanding strong support from the business sector, opposition to the Copyright (Amendment) Bill 2014 had become a crusade for civil rights activists and internet user interest groups, who protested it online and outside the legislature, and also for pro-democracy lawmakers, who filibustered tirelessly until the Bill’s demise... Click here to read the full text. 

Yahong Li on Copyrightability of Remixes and Creation of Remix Rights (new book chapter)

"Copyrightability of Remixes and Creation of Remix Rights"
Yahong Li
in Susy Frankel (ed.), Is Intellectual Property Pluralism Functional? (Edward Elgar, 2019) 288-309

Abstract: Digital and Internet technologies have fostered the culture of remix. From literature, arts to music, remix has become a dominant force of creation. However, the legal status of remix remains obscure, akin to that of an illegitimate child who has a prominent existence but no clear legal right, to be caught between copyright holders and social media, being sued by the former and exploited by the latter. The existing fair use regime including the Canadian model of UGC exception has failed to provide a remedy due to its uncertainty and defensive nature. So have voluntary licensing schemes. Copyright law should be reformed to protect remix and to grant a positive right of remix to remixers, while obligating them to pay attribution and remuneration to copyright holders of the source materials, and to grant the same right to future remixers so that the societal creativity can be unleashed through more remixes.

Haochen Sun on Copyright Law as an Engine of Public Interest Protection (NW J Tech & IP)

"Copyright Law as an Engine of Public Interest Protection"

Haochen Sun

Northwestern Journal of Technology & Intellectual Property
2018, vol 16, p 123
Abstract: Courts around the world have been confronted with bewilderingly complex challenges in protecting the public interest through copyright law. This article proposes a public interest principle that would guide courts to settle fair use cases with better-informed decisions. I argue that the proposed principle would legally upgrade fair use from serving as an engine of free expression to serving as an engine of public interest protection.

     Based on comparative study of the conflicting rulings handed down by the U.S. and Chinese courts on Google Library, the article first considers the necessity of adopting the public interest principle in guiding the judicial settlement of fair use cases substantively and procedurally. The article then canvasses the two substantive legal standards to be embodied in the public interest principle. First, the principle would create a public interest use standard for courts to utilize in weighing the first fair use factor without applying the dichotomy of transformative and non-transformative use. At the same time, it would also require courts to employ the significant market harm standard when considering the fourth fair use factor. Second, the public interest principle would also modify the procedural rules concerning the assignment of burden of proof in fair use cases. It would place only the burden of proving a public interest use under the first factor on the user of a work who is the defendant in the judicial proceedings at hand.

Yahong Li and Weijie Huang on Taking Users' Rights Seriously: Proposed UGC Solutions for Spurring Creativity in the Internet Age (QM J of Intell Prop)

"Taking users' rights seriously: proposed UGC solutions for spurring creativity in the Internet age"

Yahong Li and Weijie Huang

Queen Mary Journal of Intellectual Property

February 2019, Volume 9, Issue 1 

Abstract: The past three centuries have witnessed copyright owners competing with distributors for the flow of income generated by new technologies. However, users have largely been excluded from this cake-cutting copyright game. The neglect of users’ interests has posed a serious challenge in the user generated content (‘UGC’) age. New technologies have empowered users to create UGC, whereas the existing law entitles copyright owners to block users’ access to source materials and allows UGC platforms to exploit UGC without remuneration. This article proposes a two-pronged solution in attempting to strike a better balance between copyright owners, UGC platforms and UGC creators. The first is an ex-post remuneration rule that confers on UGC creators the legal right to use copyrighted work without asking for permission but imposes an obligation to pay remuneration, both of which pass to future UGC creators. This rule incorporates elements of Creative Commons and compulsory licensing as part of the copyright rules generally applicable to all UGC creators. The second solution proposes a community-based approach, which imposes upon UGC platforms a common-law duty of monitoring infringement and includes some legal standards that ensure fair implementation of the terms of use/service of UGC platforms.

Congratulations to Our Two PhD Fulbright Scholars 2017-2018

Congratulations to Ms Weijie Huang and Ms Xiaohan Zhang, our two PhD candidates, who were awarded the prestigious Fulbright - RGC Hong Kong Research Scholar Award (Junior Programme) 2017-2018.  Ms Huang, supervised by Dr Yahong Li, will spend 10 months at the UC Berkeley School of Law researching copyright law and the newly emerging phenomenon of user-remixed content.  Ms Zhang, supervised by Professor Yun Zhao, will spend 6 months at Harvard Law School researching the development of a Chinese online dispute resolution mechanism.  

Yahong Li Interviewed on Taiwanese Case of "Secondary Creation" and "Fair Use" (Ming Pao)

A Taiwanese man, Gu Amo (谷阿莫), has become a celebrity for making 5-6 minutes short films from movie footages and putting them on YouTube. He was recently sued by several movie studios for copyright infringement because, in addition to using the footages without authorisation, he also added his own sarcastic narratives to the short films, which has allegedly harmed the original movies’ reputation and market. Mr Gu argued that his films are secondary creations, thus are exempted from copyright liability under “fair use” doctrine. 

     What is a “secondary creation” and how should “fair use” doctrine be applied to interpret this case? Recently, Ming Pao interviewed Yahong Li on these issues (see Ming Pao, 5 May 2017). Dr Li noted that “secondary creation” is not a legal concept and is not clearly defined. It shall not be confused with derivative work which is an adaptation from an original work into a new form (e.g., a novel to a movie) and needs permission from copyright owner. “Secondary creation” is similar to so-called “user generated contents” (UGC) which may be exempted from copyright liability under the doctrine of “fair use” (or as “fair dealing” under Canadian Copyright Act) based on the assessment of four factors: whether the use is commercial and transformative; whether the original work is creative and well-known; how much (quantitatively and qualitatively) of the original works are used; and whether the new work substituted the original work in the market. These factors are not all favourable to Mr Gu in this case because he had directly taken many key footages from creative films, which had resulted in some indirect profits for him and allegedly market harm to movie studios. 

     Dr Li remarked that, on one hand, the ultimate aim of copyright is to promote public access to creative works, and protecting copyright is only a means to achieve this aim. Encouraging users to create based on existing works is particularly important in a world where the traditional users have become prosumers (producer + consumer). In this regard, Hong Kong’s failure to adopt the Copyright (Amendment) Bill may have a detrimental impact on users’ creation. On the other hand, law reform also needs to consider how to encourage true creation that are beneficial to culture and society. As the quality of Gu’s works is generally low and does not represent a true spirit of creation, the defeat of Mr. Gu in this case, if he eventually loses the case, will not have a chilling effect on other “secondary creations”.  Click here to read the full article in Chinese.

Yahong Li and Graham Greenleaf on China's Copyright Public Domain in Comparison with Australia (new article)

"China's Copyright Public Domain: A Comparison with Australia"
Yahong Li and Graham Greenleaf
Australian Intellectual Property Journal 
2017, Vol. 27, Part 3, p 147

Abstract: A definition of the public domain by Greenleaf and Bond, based on the question “what can users do with works, without obtaining the permission of a copyright owner” and an analysis of it as being comprised by 15 distinct categories of “public rights”, has previously been proposed as necessary and sufficient to describe Australia’s copyright public domain. This article uses this approach to compare Australia’s copyright public domain with that of the very different social and legal system of the People’s Republic of China, and discovered that, compared with Australia, China’s public domain appears rather narrow, at least when only formal legal sources are compared. Out of the eight categories where the two countries differ significantly, Australia’s public domain is stronger in five. The public domain in modern Chinese copyright law is, not unexpectedly, somewhat different from that found in a “western” country such as Australia, but not in the radical way that could be naively expected to stem from arguments concerning China’s traditional philosophy, or its socialist modern history. The harmonising effects of international treaties and the pressures of international trade are the most obvious reasons for the relatively high degree of homogeneity. This comparison also suggests that the definition of the copyright public domain used requires modification in order to include China’s opt-out provisions in relation to free-use exceptions and collective licences. However, the comparison does not suggest that any new public domain categories are needed.