Selected year snapshot
For 1999, the active event in this file is Copyright Ordinance (Cap. 528).
100%
Current rationale
Section 38 provides a fair dealing exception for the purposes of research or private study. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), and it applies to any user (researcher or student). It covers literary, dramatic, musical and artistic works and typographical arrangements. The exception is not limited to private or personal use — it is open to 'research or private study' as separate purposes. 'Research' is not qualified by 'private' or 'personal'. The word 'dealing' encompasses reproduction, communication, and other exclusive rights. This is open to all users, all relevant works, and all types of dealing, subject to fairness. Additional exceptions exist for libraries (ss 44-54) and education (ss 41-43), but s 38 is the most permissive. Non-commercial restriction is not present in the original 1997 text. Classification-neutral factors (copy limits, lawful access) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study — covers any dealing, any user, all LDMA works and typographical arrangements
Fair dealing for purposes of criticism, review and news reporting
Copying by librarians: articles in periodicals (s 44) and parts of published works (s 45) for persons requiring them for research or private study
Various library and archival copying provisions (replacement copies, certain unpublished works, etc.)
Things done for purposes of instruction or examination, anthologies for educational use, performing/playing/showing work in course of activities of educational establishment
Law changes
Copyright Ordinance (Cap. 528)
Baseline · Effective 1997-06-27
100%
Relevant section: Sections 38, 39, 40, 41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54
Dates: Effective 1997-06-27 · Enacted 1997-06-27
Why this score
Section 38 provides a fair dealing exception for the purposes of research or private study. The term 'fair dealing' covers any act restricted by copyright (not only reproduction), and it applies to any user (researcher or student). It covers literary, dramatic, musical and artistic works and typographical arrangements. The exception is not limited to private or personal use — it is open to 'research or private study' as separate purposes. 'Research' is not qualified by 'private' or 'personal'. The word 'dealing' encompasses reproduction, communication, and other exclusive rights. This is open to all users, all relevant works, and all types of dealing, subject to fairness. Additional exceptions exist for libraries (ss 44-54) and education (ss 41-43), but s 38 is the most permissive. Non-commercial restriction is not present in the original 1997 text. Classification-neutral factors (copy limits, lawful access) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study — covers any dealing, any user, all LDMA works and typographical arrangements
Fair dealing for purposes of criticism, review and news reporting
Copying by librarians: articles in periodicals (s 44) and parts of published works (s 45) for persons requiring them for research or private study
Various library and archival copying provisions (replacement copies, certain unpublished works, etc.)
Things done for purposes of instruction or examination, anthologies for educational use, performing/playing/showing work in course of activities of educational establishment
Original text
38. Fair dealing for purposes of research and private study (1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, it is not done in accordance with section 44 or 45; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
Source links
Copyright (Amendment) Ordinance 2007 (Ord. No. 15 of 2007)
Relevant update · Effective 2007-07-19
100%
Relevant section: Section 38 (as amended)
Dates: Effective 2007-07-19 · Enacted 2007-06-06
Why this score
The Copyright (Amendment) Ordinance 2007 (Ord. No. 15 of 2007) made various amendments including to parallel importation and other provisions, but did not materially alter Section 38 (fair dealing for research or private study). However, it introduced amendments to sections 44 and 45 regarding library copying and added provisions regarding educational use. The core fair dealing exception for research and private study in Section 38 remained unchanged and continues to be the most permissive exception. Classification remains GREEN: fair dealing covers any dealing (not just reproduction), applies to any user, and covers all LDMA works. The 2007 amendments also introduced section 41A regarding educational fair dealing. Classification-neutral factors were not considered in color assignment.
Exceptions considered
Fair dealing with LDMA works for research or private study — unchanged, covers any dealing, any user
Fair dealing for purposes of giving or receiving instruction in a specified course of study provided by an educational establishment (added by 2007 amendment)
Copying by librarians for research or private study
Fair dealing for criticism, review and news reporting
Original text
38. Fair dealing for purposes of research and private study (1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, it is not done in accordance with section 44 or 45; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
Source links
Copyright (Amendment) Ordinance 2009 (Ord. No. 15 of 2009)
Relevant update · Effective 2010-03-19
100%
Relevant section: Section 38 (as amended), Section 38A (new)
Dates: Effective 2010-03-19 · Enacted 2009-11-26
Why this score
The 2009 amendment split the fair dealing for research/private study provision into two sections: Section 38 now covers works other than sound recordings, films, broadcasts and cable programmes, while new Section 38A extends fair dealing for research/private study to sound recordings, films, broadcasts and cable programmes (with explicit fairness factors). Together, sections 38 and 38A cover ALL types of works for fair dealing for research or private study. The term 'fair dealing' continues to cover any type of dealing (not just reproduction), and the exception is open to any user. The addition of fairness factors in s 38A (including consideration of commercial nature) is a classification-neutral proportionality qualifier. The overall coverage remains: any dealing, any work, any user, for research or private study. Classification remains GREEN.
Exceptions considered
Fair dealing with works (other than sound recordings, films, broadcasts, cable programmes) for research or private study
Fair dealing with sound recordings, films, broadcasts, cable programmes for research or private study, with explicit fairness factors
Fair dealing for criticism, review and news reporting
Fair dealing for educational instruction
Copying by librarians for research or private study
Original text
38. Fair dealing for purposes of research and private study (1) Fair dealing with a work, other than a sound recording, film, broadcast or cable programme, for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, it is not done in accordance with section 44 or 45; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. 38A. Fair dealing with sound recording, film, broadcast or cable programme for purposes of research and private study (1) Fair dealing with a sound recording, film, broadcast or cable programme for the purposes of research or private study does not infringe any copyright in the sound recording, film, broadcast or cable programme. (2) Copying by a person other than the researcher or student himself is not fair dealing if the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. (3) In determining whether any dealing with a sound recording, film, broadcast or cable programme is fair dealing for the purposes of research or private study, 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 sound recording, film, broadcast or cable programme; (c) the amount and substantiality of the portion dealt with in relation to the sound recording, film, broadcast or cable programme as a whole; and (d) the effect of the dealing on the potential market for or value of the sound recording, film, broadcast or cable programme.
Source links
Copyright (Amendment) Ordinance 2022 (Ord. No. 22 of 2021)
Relevant update · Effective 2023-05-01
100%
Relevant section: Sections 38, 38A, 39, 39A, 40A, 41A, 44, 45, 54A (new safe harbour provisions in Part IIIA)
Dates: Effective 2023-05-01 · Enacted 2022-12-16
Why this score
The Copyright (Amendment) Ordinance 2022 (gazetted 16 December 2022, commenced 1 May 2023) introduced significant changes including: (1) a new communication right for copyright owners (right of communication to the public), (2) new and expanded copyright exceptions including for parody, satire, caricature, pastiche (s 39A), quotation (s 39(2A)), and comment on current events, (3) safe harbour provisions for online service providers, and (4) a new exception for temporary reproduction of works for caching purposes (s 65A). The references to 'cable programme' were removed throughout (replaced by the broader 'broadcast' concept). Sections 38 and 38A were updated to remove references to 'cable programme' but the substance of the fair dealing for research/private study exception remained materially the same. The fair dealing exception continues to cover any dealing (including the new communication right) with any work for research or private study, open to any user. Classification remains GREEN. The new communication right means that fair dealing for research now also covers communication to the public, reinforcing the GREEN classification. Classification-neutral factors (non-commercial considerations in s 38A(3)(a)) were not factored into the color decision.
Exceptions considered
Fair dealing with works (other than sound recordings, films, broadcasts) for research or private study — covers any dealing including new communication right, any user
Fair dealing with sound recordings, films, broadcasts for research or private study, with fairness factors
Fair dealing for criticism, review and news reporting; new subsection for quotation
Fair dealing for parody, satire, caricature, pastiche (new)
Fair dealing for purposes of commenting on current events (new/expanded)
Fair dealing for educational instruction
Copying by librarians for research or private study
Temporary reproduction for caching purposes (new)
Original text
38. Fair dealing for purposes of research and private study (1) Fair dealing with a work, other than a sound recording, film or broadcast, for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, it is not done in accordance with section 44 or 45; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. 38A. Fair dealing with sound recording, film or broadcast for purposes of research and private study (1) Fair dealing with a sound recording, film or broadcast for the purposes of research or private study does not infringe any copyright in the sound recording, film or broadcast. (2) Copying by a person other than the researcher or student himself is not fair dealing if the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. (3) In determining whether any dealing with a sound recording, film or broadcast is fair dealing for the purposes of research or private study, 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 sound recording, film or broadcast; (c) the amount and substantiality of the portion dealt with in relation to the sound recording, film or broadcast as a whole; and (d) the effect of the dealing on the potential market for or value of the sound recording, film or broadcast.
Source links
Copyright Ordinance (Cap. 528) (as amended through Copyright (Amendment) Ordinance 2022)
Current law confirmation · Effective 2023-05-01
100%
Relevant section: Sections 38, 38A
Dates: Effective 2023-05-01
Why this score
As of 2025, Hong Kong's Copyright Ordinance (Cap. 528) as amended through the Copyright (Amendment) Ordinance 2022 provides a comprehensive fair dealing exception for research and private study. Sections 38 and 38A together cover all types of works: Section 38 covers literary, dramatic, musical and artistic works and typographical arrangements; Section 38A covers sound recordings, films and broadcasts. The term 'fair dealing' encompasses any type of dealing with the work (reproduction, communication to the public, distribution, etc.), not just reproduction. The exception is open to any user — it is not restricted to individuals, institutions, or non-commercial users. 'Research' and 'private study' are stated as separate purposes. There is no TDM-specific exception in Hong Kong law, but the broad fair dealing for research exception would potentially cover TDM activities as a form of dealing for research purposes. Uses: any dealing (GREEN). Works: all types covered between ss 38 and 38A (GREEN). Users: any user (GREEN). Classification-neutral factors: the fairness factors in s 38A(3) including consideration of commercial nature are proportionality qualifiers and do not change the classification. No copy limits, remuneration requirements, or lawful access conditions affect the color.
Exceptions considered
Fair dealing with works (other than sound recordings, films, broadcasts) for research or private study — any dealing, any user, LDMA works and typographical arrangements
Fair dealing with sound recordings, films, broadcasts for research or private study — any dealing, any user, with fairness factors
Fair dealing for criticism, review, quotation and news reporting
Fair dealing for parody, satire, caricature, pastiche
Fair dealing for commenting on current events
Fair dealing for educational instruction
Copying by librarians: articles in periodicals and parts of published works for research or private study
Various library and archival copying provisions
Temporary reproduction for caching purposes
Original text
38. Fair dealing for purposes of research and private study (1) Fair dealing with a work, other than a sound recording, film or broadcast, for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes of research or private study does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, it is not done in accordance with section 44 or 45; or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. 38A. Fair dealing with sound recording, film or broadcast for purposes of research and private study (1) Fair dealing with a sound recording, film or broadcast for the purposes of research or private study does not infringe any copyright in the sound recording, film or broadcast. (2) Copying by a person other than the researcher or student himself is not fair dealing if the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose. (3) In determining whether any dealing with a sound recording, film or broadcast is fair dealing for the purposes of research or private study, 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 sound recording, film or broadcast; (c) the amount and substantiality of the portion dealt with in relation to the sound recording, film or broadcast as a whole; and (d) the effect of the dealing on the potential market for or value of the sound recording, film or broadcast.