Section 41A of the Copyright Ordinance constitutes a "fair dealing" provision that allows teachers and students to use or deal with reasonable portions of copyright works in a fair manner for teaching and learning in a specified course of study.
To determine whether an act of dealing with a copyright work is "fair", the circumstances of each individual case need to be considered, in particular:
Whether the dealing is for non-profit making purposes and whether the dealing is of commercial value.
The nature of the work.
The amount and substantiality of the portion dealt with in relation to the work as a whole.
The effect of the dealing on the potential market for or value of the work.
