Copyright is one of the most common Intellectual property rights which protects literary, dramatic musical, and other variety of intellectual works. Copyright Act, 1957 creates the statutory rights for such authors. Fair Dealing or Permitted Uses is one of the major exceptions to the exclusive rights of copyright owners. Under the concept of Fair dealing, a person can use the original work of another to some extent without permission.
Meaning of Fair Use
The Indian Copyright Act 1957 does not define the term ‘Fair dealing’. In Hubbard v. Vosper[1], It was held that it is difficult to define the term fair dealing due to its wide scope. Fair use of original copyrighted work is highly customary and reasonable.
It means that copying someone else’s copyrighted work to some extent is not unlawful. It is one of the most crucial limitations on the rights of the copyright owner. The concept of fair use is an excellent privilege to other people. There are three essential elements which must be taken into consideration while dealing with the idea of Fair Dealing:
- Reason for which the matter is taken
- The intention of the person claiming Fair Dealing
- Extend of what is taken
The court must take into consideration these factors while dealing with the concept of Fair dealing. The main objective behind the insertion of this concept is to protect the public interest against the exclusive rights of copyright owners.
Section 52 of Copyright Act, 1957
Section 52 of the Copyright Act lays down the concept of ‘ Fair Dealing’. Section 52(1)(a)(i), 52(1)(g) and 52 (1)(h) deals with Fair use of copyrighted matter.
Under section 52(1), fair dealing with any work shall not result in infringement of copyright for the purpose of :
(i) Private or Personal use ( for example . research work)[2]
(ii) Reporting Current Affairs or other events.
(iii) When used for creating criticism or review.
After the Amendment of 2012, this section covers different kinds of work except for software. Subclause (aa) allows making copies of a computer program when such a copy is made to secure the main purpose of a computer program.
In Chancellor, Master & Scholars of the University of Oxford &ors. v. Rameshwari Photocopy Services & Anr. [3], it was held that the following work does not amount to infringement of copyrighted work:
- Photocopying segments of books by educational institutions, teachers, and students.
- Making Course Packs of such segments in order to generate a course.
- Selling such Course Packs
- Photocopying of matter which is permitted in educational institutions.
[1] 1972, 1 A11 ER 1023
[2] Sec 52(1)(a)
[3] CS(OS) No. 2349/2012
This blog is written by Riddhi Chadha, Fairfield Institute of Management & Technology.
Some of her Blogs-
- INTERNET BANKING SECURITY THREATS: Legal framework
- JURISDICTION ISSUES IN E-COMMERCE
- DOCTRINE OF LIS PENDENS
- Guardianship under Hindu and Muslim law
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