### Copyright Ordinance 《版權條例》

241. Criticism, review, quotation, and reporting and commenting on current events
(1) Fair dealing with a performance or fixation for the purpose of criticism or review of the performance or fixation or another performance or fixation, or of a work, does not infringe any of the rights conferred by this Part if the performance or fixation has been released or communicated to the public.
(2) The rights conferred by this Part are not infringed by the use of a quotation from a performance or fixation (whether for the purpose of criticism, review or otherwise) if—
(a) the performance or fixation has been released or communicated to the public;
(b) the use of the quotation is fair dealing with the performance or fixation; and
(c) the extent of the quotation is no more than is required by the specific purpose for which it is used.
(3) Fair dealing with a performance or fixation for the purpose of reporting or commenting on current events does not infringe any of the rights conferred by this Part.
(4) In determining whether any dealing with a performance or fixation is fair dealing under subsection (1), (2)(b) or (3), the court must 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 performance or fixation;
(c) the amount and substantiality of the portion dealt with in relation to the 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.
(5) For the purposes of subsections (1) and (2)(a)—
(a) a performance has been released to the public if it has been held in the public live, or provided to the public by any means (other than by communication to the public), including—
(i) the issue of a fixation of the performance to the public;
(ii) the rental of a fixation of the performance to the public; and
(iii) the playing or showing of a fixation of the performance in public;
(b) a fixation has been released to the public if it has been provided to the public by any means (other than by communication to the public), including—
(i) the issue of the fixation to the public;
(ii) the rental of the fixation to the public; and
(iii) the playing or showing of the fixation in public; and
(c) in determining whether a performance or fixation has been released or communicated to the public, no account is to be taken of any unauthorized act.
(6) Expressions used in this section have the same meaning as in section 39.
(Replaced 16 of 2022 s. 88)

### Copyright Ordinance 《版權條例》

241A. Parody, satire, caricature and pastiche
(1) Fair dealing with a performance or fixation for the purpose of parody, satire, caricature or pastiche does not infringe any of the rights conferred by this Part.
(2) In determining whether any dealing with a performance or fixation is fair dealing under subsection (1), the court must 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 performance or fixation;
(c) the amount and substantiality of the portion dealt with in relation to the 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.
(3) Expressions used in this section have the same meaning as in section 39A.
(Added 16 of 2022 s. 89)

242. Incidental inclusion of performance or fixation
(1) The rights conferred by this Part are not infringed by the incidental inclusion of a performance or fixation in a sound recording, film, broadcast or cable programme.
(2) Those rights are also not infringed by anything done in relation to copies of, or the playing, showing or communicating to the public of, anything whose making was, by virtue of subsection (1), not an infringement of those rights. (Amended 16 of 2022 s. 90)
(3) A performance or fixation so far as it consists of music, or words spoken or sung with music, is not regarded as incidentally included in a sound recording, broadcast or cable programme if it is deliberately included.
(4) Expressions used in this section have the same meaning as in section 40.
[cf. 1988 c. 48 Sch. 2 para. 3 U.K.]

### Copyright Ordinance 《版權條例》

243. Things done for purposes of instruction or examination
(1) The rights conferred by this Part are not infringed by the copying of a fixation of a performance, to a reasonable extent, in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, if the copying is done by a person giving or receiving instruction.
(2) The rights conferred by this Part are not infringed—
(a) by the copying of a fixation of a performance for the purposes of setting or answering the questions in an examination; or
(b) by anything done for the purposes of an examination by way of communicating the questions to the candidates.
(3) Where a fixation which would otherwise be an infringing fixation is made in accordance with this section but is subsequently dealt with, it is treated as an infringing fixation for the purposes of that dealing, and if that dealing infringes any right conferred by this Part, for all subsequent purposes. (Amended 16 of 2022 s. 92)
(3A) For the purposes of subsection (3), a fixation is dealt with if it is—
(a) possessed, shown or played in public or distributed (otherwise than for the purposes of instruction or examination) for the purpose of or in the course of any trade or business;
(b) sold or let for hire, or offered or exposed for sale or hire; or
(c) communicated to the public, unless that communication is not an infringement of the rights conferred by this Part under subsection (2)(b). (Added 16 of 2022 s. 92)
(4) Expressions used in this section have the same meaning as in section 41.
[cf. 1988 c. 48 Sch. 2 para. 4 U.K.]

244. Playing or showing sound recording, film, broadcast or cable programme at educational establishment
(1) The playing or showing of a sound recording, film, broadcast or cable programme at an educational establishment for the purposes of instruction before an audience consisting wholly or mainly of teachers and pupils at the establishment, parents or guardians of pupils at the establishment, and other persons directly connected with the activities of the establishment is not a playing or showing of a performance in public for the purposes of infringement of the rights conferred by this Part. (Amended 15 of 2007 s. 62)
(2) (Repealed 15 of 2007 s. 62)(3) Expressions used in this section have the same meaning as in section 43.
[cf. 1988 c. 48 Sch. 2 para. 5 U.K.]