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Limited and non-commercial dealing provision for copyright bill (jointly proposed by Hon. Dennis Kwok, Hon. Kenneth Leung and Hon. Charles Mok)
2016-02-29

(Content of the amendment)
Part II

Non-commercial dealing in relation to works

(1) Subject to this section and sections 38, 39, 39A, 41A and 54A, a non-commercial dealing with a literary, dramatic, musical, artistic work and audio-visual material, for any purpose other than a purpose referred to in section 38, 39, 39A, 41A or 54A shall not constitute an infringement of the copyright in the work.

(2) For the purpose of this section, in determining whether a dealing with a literary, dramatic, musical, artistic work and audio-visual material constitutes a non-commercial dealing with the work under this section for any purpose other than a purpose referred to in section 38, 39, 39A, 41A or 54A, the court shall take into account all the circumstances of the case and, in particular —

(a) the purpose and nature of the dealing, that any dealing, including any subsequent use or modification, is for non-profit making and non-commercial purposes;

(b) the nature of the work;

(c) the amount and substantiality of the part copied taken in relation to the whole work as a whole; and

(d) the effect of the dealing on the potential market for or value of the work.

Part III

Non-commercial dealing in relation performance or fixation

(1) Subject to this section and sections 241, 241A, 242A and 246A, a non-commercial dealing with a performance or fixation for any purpose other than a purpose referred to in section 241, 241A, 242A or 246A shall not constitute an infringement of the copyright in the performance or fixation.

(2) For the purpose of this section, in determining whether a dealing with a performance or fixation constitutes a non-commercial dealing under this section for any purpose other than a purpose referred to in section 241, 241A, 242A or 246A, the court shall take into account all the circumstances of the case and, in particular —

(a) the purpose and nature of the dealing, that any dealing, including any subsequent use or modification, is for non-profit making and non-commercial purposes;

(b) the nature of the performance or fixation;

(c) the amount and substantiality of the part copied taken in relation to the whole performance or fixation as a whole; and

(d) the effect of the dealing on the potential market for or value of the performance or fixation.

Office Of Hon. Charles Mok, Legislative Councillor (IT)