Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 38

Research and private study

(Past version on 30/06/1997).

General

(1) Fair dealing with a work for the purposes of research or private study
does not infringe any copyright in the work or, in the case of a
published edition, in the typographical arrangement. (Amended 15 of 2007 s.
12)

(2) Copying by a person other than the researcher or student himself is not
fair dealing if-

   (a)  in the case of a librarian, or a person acting on behalf of a
        librarian, he does anything which regulations under section 49 would
        not permit to be done under section 47 or 48 (articles or parts of
        published works: restriction on multiple copies of same material); or

   (b)  in any other case, the person doing the copying knows or has reason to
        believe that it will result in copies of substantially the same
        material being provided to more than one person at substantially the
        same time and for substantially the same purpose.

(3) In determining whether any dealing with a work is fair dealing under
subsection (1), the court shall take into account all the circumstances of the
case and, in particular-

   (a)  the purpose and nature of the dealing, including whether the dealing
        is for a non-profit-making purpose and whether the dealing is of a
        commercial nature;

   (b)  the nature of the work;

   (c)  the amount and substantiality of the portion dealt with in relation to
        the work as a whole; and

   (d)  the effect of the dealing on the potential market for or value of the
        work. (Replaced 15 of 2007 s. 12) [ cf. 1988 c. 48 s. 29 U.K.]