Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 54A

Fair dealing for purposes of public administration

Public administration

(1) Fair dealing with a work by the Government, the Executive Council, the
Judiciary or any District Council for the purposes of efficient administration
of urgent business does not infringe the copyright in the work or, in the case
of a published edition, in the typographical arrangement.

(2) 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.

(3) Where a copy which apart from this section would be an infringing copy is
made in accordance with this section but is subsequently dealt with, it is to
be treated as an infringing copy-

   (a)  for the purpose of that dealing; and

   (b)  if that dealing infringes copyright, for all subsequent purposes.

(4) In subsection (3), "dealt with" (被用以進行交易) means sold, let
for hire, or offered or exposed for sale or hire. (Added 15 of 2007 s. 17)

"dealt with" (被用以進行交易)