Pao Yue-kong Library

Copyright Exemptions for Giving and Receiving Instruction

The following highlights fair dealing exemption for giving and receiving instruction. Please refer to the legislations for details on copyright exemption for giving and receiving instruction.

Fair dealing exemption for giving and receiving instruction

(1) For a specified course of study provide by an educational establishment

Fair dealing with a work by or on behalf of a teacher or by a pupil for the purposes of giving or receiving instruction in a specified course of study provided by an educational establishment does not infringe the copyright in the work or, in the case of a published edition, in the typographical arrangement.

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 -

  1. 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;
  2. the nature of the work;
  3. the amount and substantiality of the portion dealt with in relation to the work as a whole; and
  4. the effect of the dealing on the potential market for or value of the work.
  5. (2) Making a work for a specified course of study available through a wire or wireless network wholly or partly controlled by an educational establishment

    In addition to the above conditions in determining whether the dealing is fair dealing, the following provisions should be adopted by educational establishment while making a work available through its network:

    1. adopts technological measures to restrict access to the copies of the work through the network so that the copies of the work are made available only to persons who need to use the copies of the work for the purposes of giving or receiving instruction in the specified course of study in question or for the purposes of maintaining or managing the network; and
    2. ensures that the copies of the work are not stored in the network for a period longer than is necessary for the purposes of giving or receiving instruction in the specified course of study in question or, in any event, for a period longer than 12 consecutive months.



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