### Copyright Ordinance 《版權條例》

42. Anthologies for educational use
(1) The inclusion of a short passage from a published literary or dramatic work in a collection which—
(a) is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher; and
(b) consists mainly of material in which no copyright subsists,
does not infringe the copyright in the work if the work itself is not intended for use in such establishments and the inclusion is accompanied by a sufficient acknowledgement.
(2) Subsection (1) does not authorize the inclusion of more than 2 excerpts from copyright works by the same author in collections published by the same publisher over any period of 5 years.
(3) In relation to any given passage the reference in subsection (2) to excerpts from works by the same author—
(a) is taken to include excerpts from works by him in collaboration with another; and
(b) if the passage in question is from such a work, is taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.
(4) References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.
[cf. 1988 c. 48 s. 33 U.K.]

43. Performing, playing or showing work in course of activities of educational establishments
(1) The performance of a literary, dramatic or musical work before an audience consisting wholly or mainly of teachers and pupils at an educational establishment, parents or guardians of pupils at the establishment, and other persons directly connected with the activities of the establishment— (Amended 15 of 2007 s. 15)
(a) by a teacher or pupil in the course of the activities of the establishment; or
(b) at the establishment by any person for the purposes of instruction,
is not a public performance for the purposes of infringement of copyright.
(2) The playing or showing of a sound recording, film, broadcast or cable programme before such audience at an educational establishment for the purposes of giving or receiving instruction is not a playing or showing of the work in public for the purposes of infringement of copyright. (Amended 15 of 2007 s. 15)
(3) (Repealed 15 of 2007 s. 15)[cf. 1988 c. 48 s. 34 U.K.]

### Copyright Ordinance 《版權條例》

48. Copying by librarians: parts of published works
(1) The librarian of a specified library may, if the prescribed conditions are complied with, make and supply a copy of part of a published literary, dramatic, musical or artistic work (other than an article in a periodical), or of part of a published sound recording or film, without infringing any copyright in the work, in any illustrations accompanying the work, in the typographical arrangement, or in the sound recording or film (as the case may be). (Amended 16 of 2022 s. 35)
(2) The prescribed conditions must include the following—
(a) that copies are supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;
(b) that no person is furnished with more than one copy of the same material or with a copy of more than a reasonable proportion of any work; and
(c) that persons to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production.
[cf. 1988 c. 48 s. 39 U.K.]

### Copyright Ordinance 《版權條例》

49. Restriction on production of multiple copies of the same material
(1) Regulations for the purposes of sections 47 and 48 (copying by librarian of article or part of published work) must contain provision to the effect that a copy is supplied only to a person satisfying the librarian that his requirement is not related to any similar requirement of another person.
(2) The regulations may provide—
(a) that requirements are regarded as similar if the requirements are for copies of substantially the same material at substantially the same time and for substantially the same purpose; and
(b) that requirements of persons are regarded as related if those persons receive instruction to which the material is relevant at the same time and place.
[cf. 1988 c. 48 s. 40 U.K.]

50. Copying by librarians: supply of copies to other libraries
(1) The librarian of a specified library may, if the prescribed conditions are complied with, make and supply to another specified library a copy of—
(a) an article in a periodical;
(b) the whole or part of a published literary, dramatic, musical or artistic work; or (Amended 16 of 2022 s. 36)
(c) a sound recording or film,
without infringing any copyright in the text of the article, in the work, in any illustration accompanying it, in the typographical arrangement, or in the sound recording or film, as the case may be.
(2) Subsection (1)(b) and (c) does not apply if at the time the copy is made the librarian making it knows, or could by reasonable inquiry ascertain, the name and address of a person entitled to authorize the making of the copy.
[cf. 1988 c. 48 s. 41 U.K.]

### Copyright Ordinance 《版權條例》

51. Copying by librarians, curators or archivists: preservation or replacement copies of works
(Amended 16 of 2022 s. 37)(1) Subject to subsection (1A), the librarian, curator or archivist of a specified library, museum or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library, museum or archive— (Amended 16 of 2022 s. 37)
(a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it; or
(b) in order to replace in the permanent collection of another specified library, museum or archive an item which has been lost, destroyed or damaged, (Amended 16 of 2022 s. 37)
without infringing the copyright in any literary, dramatic, musical or artistic work, in any illustrations accompanying such a work or, in the case of a published edition, in the typographical arrangement or, in the case of a sound recording or a film, in the sound recording or film. (Amended 16 of 2022 s. 37)
(1A) The total number of copies made from an item in the permanent collection of a specified library, museum or archive and placed in the permanent collection of that library, museum or archive must not exceed 3 at any one time, and only one of those copies may be accessible to the public at that library, museum or archive. (Added 16 of 2022 s. 37)
(2) The prescribed conditions must include provision for restricting the making of copies to cases where it is not reasonably practicable to purchase a copy of the item in question to fulfill that purpose.
[cf. 1988 c. 48 s. 42 U.K.]

### Copyright Ordinance 《版權條例》

51A. Communication by librarians, curators or archivists: copies of works
(1) If the conditions specified in subsection (2) are complied with, the librarian, curator or archivist of a specified library, museum or archive may, without infringing copyright, communicate a copy of an item in the permanent collection of the library, museum or archive made under section 51 to the users or staff of the library, museum or archive, by making it available online to be accessed through the use of a computer terminal installed within the premises of the library, museum or archive.
(2) The conditions are—
(a) that only 1 user may access the copy at any one time; and
(b) that the library, museum or archive takes appropriate measures to prevent users from making further copies or communicating the copy to others.
(3) Communicating to users or staff of a specified library, museum or archive is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the communication in question and the person making the communication in question knew or ought to have been aware of that fact.
(Added 16 of 2022 s. 38)