Fair Dealing
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Section 41A of the Copyright Ordinance constitutes a "fair dealing" provision that allows teachers and students to use or deal with reasonable portions of copyright works in a fair manner for teaching and learning in a specified course of study.

To determine whether an act of dealing with a copyright work is "fair", the circumstances of each individual case need to be considered, in particular:

  • Whether the dealing is for non-profit making purposes and whether the dealing is of commercial value.
  • The nature of the work.
  • The amount and substantiality of the portion dealt with in relation to the work as a whole.
  • The effect of the dealing on the potential market for or value of the work.