COPYRIGHT ORDINANCE PART II—DIVISION III 2-86 Section 39 Cap. 528 (3) In determining whether any dealing with a work is fair dealing under subsection (1), 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 work; (c) the amount and substantiality of the portion dealt with in relation to the work as a whole; and (d) the effect of the dealing on the potential market for or value of the work. (Replaced 15 of 2007 s. 12) [cf. 1988 c. 48 s. 29 U.K.] 39. Criticism, review and news reporting (1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, if it is accompanied by a sufficient acknowledgement, does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with a work for the purpose of reporting current events, if (subject to subsection (3)) it is accompanied by a sufficient acknowledgement, does not infringe any copyright in the work. (3) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film, broadcast or cable programme. [cf. 1988 c. 48 s. 30 U.K.] 40. Incidental inclusion of copyright material (1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound recording, film, broadcast Last updated date 3.3.2014