Hong KongCopyright Ordinance, sections 39 and 39A, fair dealing for quotation, reporting current events, parody and pastiche
Copyright Ordinance (Cap. 528), ss. 39-39A
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
As of .
What it requires
- You may use a quotation from a work that has been released or communicated to the public, for criticism, review or otherwise, if the use is fair dealing, the quotation is no more than the specific purpose requires, and you give a sufficient acknowledgement (s. 39(2)).
- You may deal fairly with a work to report or comment on current events without infringing its copyright if the dealing is accompanied by a sufficient acknowledgement (s. 39(3)).
- Weigh the purpose and nature of the dealing, including whether it is of a commercial nature, the nature of the work, the amount and substantiality of the portion used, and the effect on the potential market for or value of the work (s. 39(4)).
- An acknowledgement is not needed where it is not reasonably practicable to give one (s. 39(6)).
- Section 39 sets no length limit for a headline or snippet, so do not assume that reproducing headlines and snippets systematically is fair dealing; fairness is judged on all the circumstances (s. 39(4)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- Does fair dealing for the purpose of reporting or commenting on current events reach a service that reproduces headlines and extracts from many publishers' news items systematically, given that fairness is judged on all the circumstances including the effect on the potential market for the work?
What this law does
Section 39(3) of the Copyright Ordinance provides that fair dealing with a work for the purpose of reporting or commenting on current events does not infringe any copyright in the work if, subject to section 39(6), the dealing is accompanied by a sufficient acknowledgement.
Section 39(2) provides that copyright in a work is not infringed by the use of a quotation from the work, whether for criticism, review or otherwise, if the work has been released or communicated to the public, the use is fair dealing, the extent of the quotation is no more than the specific purpose requires, and the use is accompanied by a sufficient acknowledgement.
In determining whether a dealing is fair, the court must take into account all the circumstances of the case and, in particular, the purpose and nature of the dealing including whether it is for a non-profit-making purpose or of a commercial nature, the nature of the work, the amount and substantiality of the portion dealt with, and the effect of the dealing on the potential market for, or value of, the work.
It is not necessary to accompany a dealing with a sufficient acknowledgement if it is not reasonably practicable to do so. Section 39A provides that fair dealing with a work for the purpose of parody, satire, caricature or pastiche does not infringe any copyright in the work. Section 39 was replaced by section 19 of Ordinance 16 of 2022.
When LexLint raises it
When your app profile says your app reuses other publishers' content.