Fair dealing is a copyright exemption under the prevailing Copyright Ordinance of Hong Kong (Cap 528) that allows some permitted acts on copyright works such as copying for these seven purposes: research, private study (section 38), criticism, review/comment, news reporting (section 39), education (section 41A), or public administration (section 54A). Besides these purposes, the dealing must be fair. In determining whether any dealing with a work is fair dealing, the court shall take into account all the circumstances of the case and, in particular:

★ the purpose and nature of the dealing, including whether such dealing is for non-profit making purpose and whether it is of a commercial nature;

★ the nature of the work;

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

★ the effect of the dealing on the potential market for or value of the work.

★ the purpose and nature of the dealing, including whether such dealing is for non-profit making purpose and whether it is of a commercial nature;

★ the nature of the work;

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

★ the effect of the dealing on the potential market for or value of the work.

Subject to the above conditions, copying for research and private study; criticism, review and news reporting; setting or answering examination questions; for use of published literary, dramatic, or musical works in educational establishments are permitted. For the latter, please refer to the following guidelines for more guidance on copying in schools:

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• ➲ Copyright in Education in Hong Kong (pages 8 – 14) prepard by Intellectual Property Department
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• ➲ Guidelines for Photocopying of Printed Works by Not-for-profit Educational Establishments
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