COPYRIGHT ORDINANCE
PART II—DIVISION III
2-84
Section 38
Cap. 528
act does not conflict with a normal exploitation of the work
by the copyright owner and does not unreasonably prejudice
the legitimate interests of the copyright owner.
(4) No inference is to be drawn from the description of any
act which may by virtue of this Division be done without
infringing copyright as to the scope of the acts restricted by
the copyright in any description of work.
(5) The provisions of this Division are to be construed
independently of each other, so that the fact that an act does
not fall within one provision does not mean that it is not
covered by another provision.
[cf. 1988 c. 48 s. 28 U.K.]
General
38.
Research and private study
(1) Fair dealing with a 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. (Amended 15 of 2007 s. 12)
(2) 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, he does anything which regulations under
section 49 would not permit to be done under section 47
or 48 (articles or parts of published works: restriction on
multiple copies of same material); 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.
Last updated date
3.3.2014