AI Animation Protagonists Stolen? Dual Strike: Copyright & Passing Off

With the growing popularity of artificial intelligence technology, more and more Hong Kong creators are using AI to produce short videos and cartoon characters for online business promotion. These works have gained significant popularity, and naturally, the authors want to build on their success by producing second and third episodes.

However, a real concern follows: if someone, without authorization, directly misappropriates your animation clips or uses a highly similar cartoon character to promote their own business, how do you protect yourself? Hong Kong’s intellectual property law is by no means a paper tiger, and creators have no reason to sell themselves short. This article will explain in plain language how you can simultaneously wield two legal weapons — “copyright infringement” and “passing off” — to safeguard your rights on both fronts.

1. Copyright Infringement: The Automatic Baseline Protection

In Hong Kong, copyright requires no registration — it exists automatically the moment a work is completed. Your AI animation and the cartoon protagonist within it are protected under the Copyright Ordinance as long as they possess “originality.” The key point is that the law recognizes that “original works created by human authors with AI assistance” can enjoy copyright. Therefore, be sure to keep records of your creative process (such as drafts, prompts, and revised versions) to demonstrate your leading creative role.

Copyright protects the “specific expression” of a character — such as its distinctive appearance, expressions, clothing, and movement features — rather than vague concepts like “a cute cat.” If someone, without permission, copies your short video, produces derivative products, or creates a “substantially similar” character, this may constitute infringement. For example, a local bakery chain once launched cakes that were extremely similar to a well-known animated character, and a barrister pointed out that the infringement risk was very high. In other words, copyright is your first and most immediate line of defense.

2. Passing Off: Filling the Gaps That Copyright Cannot Reach

However, if the other party does not directly copy but instead uses a character that is “very similar but slightly different,” it may be harder to prove “copying” in a copyright lawsuit. At this point, “passing off” plays a crucial role. This common law right aims to stop others from exploiting your goodwill and misleading the public.

To successfully invoke passing off, you must prove three things:

• Goodwill: Your cartoon character has established a certain goodwill in the Hong Kong market (i.e., popularity and recognition).
• Misrepresentation: The other party’s conduct constitutes a misrepresentation, causing the public to mistakenly believe their business is connected to yours.
• Damage: Your interests (such as business opportunities and merchandise revenue) have been or may be harmed as a result.

Although the threshold for passing off is higher, requiring proof that the character has accumulated reputation, as long as your short videos are widely popular with high viewership, this right is absolutely a powerful backer for you.

3. Using Copyright and Passing Off Together: A Mutually Reinforcing Strategy

Many creators mistakenly believe they can only choose one of the two. In fact, both causes of action can be pursued simultaneously. Copyright targets “copying of substantially similar expression,” while passing off targets “misleading the public as to source.” The two complement each other and can form a tighter legal net. For example, if the other party alters the character’s appearance slightly but the overall likeness is close, a copyright claim can target “substantial similarity,” while passing off can target “public confusion.” Asserting both simultaneously can increase your chances of success, send a strong message to infringers, and improve your bargaining position in settlement negotiations.

4. Action Recommendations: From Prevention to Enforcement

To maximize the effectiveness of the above rights, please take the following steps:

• Preserve evidence: Keep a complete record of the creation timeline, publication dates, and viewership data to prove originality and goodwill.
• Comprehensive planning: If the character’s popularity continues to grow, consider registering the character’s name or logo as a trademark, or even registering the distinctive design as a design patent, to obtain stronger protection.
• Actively enforce your rights: When infringement is discovered, first send a warning letter demanding cessation; if the situation is serious, you may complain to Hong Kong Customs (which is responsible for criminal enforcement) or consult a lawyer for civil claims.

5. Conclusion

Ultimately, Hong Kong law does not overlook the efforts of AI creators. Your AI cartoon characters are fully protected under both copyright and passing off. The key lies in: maintaining good evidence records, making good use of both causes of action simultaneously, and considering trademark and design registration in a timely manner. Remember, your creativity has value, and your rights have a basis. As long as you take the initiative, you need not fear copycats, nor sell yourself short. The law is always the creator’s most solid backing.

6. Q&A: Frequently Asked Questions