Open Source Copyright License Template for Hong Kong
Generate a bespoke document
What is a Open Source Copyright License?
This Open Source Copyright License is designed for use by software developers, organizations, and copyright holders who wish to make their software freely available while maintaining certain rights and protections under Hong Kong law. The document is particularly relevant when releasing software for public use, whether as an individual developer or as an organization, and needs to be used when the intention is to allow others to use, modify, and redistribute the software while ensuring appropriate attribution and limiting liability. It incorporates specific provisions required under Hong Kong's legal framework while maintaining compatibility with international open source principles. The license is structured to be clear and enforceable under Hong Kong jurisdiction while remaining accessible to a global audience, making it suitable for both local and international software distribution.
About the Open Source Copyright License
An Open Source Copyright License is a legal document that allows you to share your software with the public while maintaining specific rights and protections under Hong Kong law. This license grants others permission to use, modify, and distribute your software while ensuring you receive proper attribution and limiting your legal liability. Understanding how to properly structure and implement this license is essential for any software developer or organization planning to release open source software in Hong Kong.
When do you need this document?
You need an Open Source Copyright License whenever you want to make your software available for public use while maintaining copyright ownership. This includes releasing software libraries, applications, or tools that other developers can build upon. The license is essential when contributing to open source projects, creating educational software resources, or developing software for community use. It's also required when your organization wants to release internal tools publicly or when you're collaborating with international developers and need Hong Kong legal compliance.
Key legal considerations
The license must clearly define the scope of granted rights, including usage, modification, and distribution permissions. Under Hong Kong law, you need to address warranty disclaimers and liability limitations in compliance with the Control of Exemption Clauses Ordinance (Cap. 71). Attribution requirements must be specific about how users should credit your work and maintain copyright notices. Consider including provisions for derivative works and how modifications should be handled. The license should also address patent rights if applicable and specify termination conditions for license violations. Data privacy considerations under the Personal Data (Privacy) Ordinance (Cap. 486) may apply if your software processes personal information.
Legal requirements in Hong Kong
Hong Kong's Copyright Ordinance (Cap. 528) provides the foundation for copyright protection, automatically protecting your software upon creation. Your license must comply with the Contracts (Rights of Third Parties) Ordinance (Cap. 623) when granting rights to users who aren't direct parties to the agreement. Any warranty disclaimers or liability exclusions must meet the standards set by the Control of Exemption Clauses Ordinance (Cap. 71) to be legally enforceable. The license should also align with the Berne Convention standards that Hong Kong follows, ensuring international recognition of your copyright protections. Consider including governing law and jurisdiction clauses specifying Hong Kong courts for dispute resolution.
GOVERNING LAW
Applicable law
This Open Source Copyright License is drafted to comply with Hong Kong law. Key legislation includes:
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Relevant for determining how the license terms affect third parties who may use or modify the open source software
Control of Exemption Clauses Ordinance (Cap. 71): Important for drafting warranty disclaimers and liability limitations in the license
Personal Data (Privacy) Ordinance (Cap. 486): Relevant if the software processes personal data or if contributor information is collected
Berne Convention for the Protection of Literary and Artistic Works: International treaty that Hong Kong follows, providing minimum standards for copyright protection across jurisdictions
Supply of Services (Implied Terms) Ordinance (Cap. 457): May be relevant for terms regarding software quality and fitness for purpose
Trade Descriptions Ordinance (Cap. 362): Relevant for ensuring accurate descriptions of the software's capabilities and license terms
Explore 208,390+ legal templates
Explore 208,390+ legal templates
Genie's Security Promise
Genie is the safest place to draft. Here's how we prioritise your privacy and security.
Your data is private:
We do not train on your data; Genie's AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it