Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 41

Things done for purposes of instruction or examination

Education

(1) Copyright in a literary, dramatic, musical or artistic work is not
infringed by its being copied, to a reasonable extent, in the course of
instruction or of preparation for instruction, if the copying-

   (a)  is done by a person giving or receiving instruction; and

   (b)  is not by means of a reprographic process.

(2) Copyright in a sound recording, film, broadcast or cable  programme is not
infringed by its being copied by making a film or film sound-track in the
course of instruction, or of preparation for instruction, in the making of
films or film sound-tracks, if the copying is done by a person giving or
receiving instruction.

(3) Copyright is not infringed by anything done for the purposes of an
examination by way of setting the questions, communicating the questions to
the candidates or answering the questions.

(4) Subsection (3) does not extend to the making of a reprographic  copy of a
musical work for use by an examination candidate in performing the work.

(5) Where a copy which would otherwise be an infringing copy is made in
accordance with this section but is subsequently dealt with, the copy is
treated as an infringing copy for the purpose of that dealing and if that
dealing infringes copyright, for all subsequent purposes.
For this purpose "dealt with" (進行交易) means sold or let for hire or
offered or exposed for sale or hire. [ cf. 1988 c. 48 s. 32 U.K.]

"dealt with" (進行交易)