Fair Dealing under Indian Copyright Law
Fair dealing is a defence available to copyright owners under the Indian Copyright Act, 1957, which allows for the use of copyrighted material without obtaining permission from the copyright owner. This defence is based on the principle that some uses of copyrighted material are fair and do not infringe on the copyright owner's rights.
Overview
Fair dealing is a defence that is available to users of copyrighted material, including educational institutions, researchers, and journalists. The defence is based on the idea that some uses of copyrighted material are fair and do not harm the copyright owner's interests. In India, fair dealing is governed by Section 52 of the Copyright Act, 1957, which sets out the conditions under which fair dealing can be claimed.
Legal Framework
The Indian Copyright Act, 1957, governs fair dealing in India. Section 52 of the Act sets out the conditions under which fair dealing can be claimed. According to Section 52(1), fair dealing is permitted for the following purposes:
- For the purpose of criticism or review of any work
- For the purpose of reporting current events
- For the purpose of research or private study
- For the purpose of a judicial proceeding
- For the purpose of reproducing or communicating a work in a classroom or library
Section 52(2) sets out the conditions that must be met for fair dealing to be claimed. According to this section, fair dealing is permitted if the dealing is for the purpose of any of the purposes mentioned in Section 52(1) and the dealing is done in good faith and without the intention of profiting from the work.
Procedure
To claim fair dealing, the user of the copyrighted material must demonstrate that the dealing was done for one of the purposes mentioned in Section 52(1) and that the dealing was done in good faith and without the intention of profiting from the work. The user must also demonstrate that the dealing was done in a manner that was reasonable and did not harm the copyright owner's interests.
Key Cases
- R.G. Anand v. Delux Films [1978] 4 SCC 250: This case established that fair dealing is a defence available to users of copyrighted material under the Indian Copyright Act, 1957.
- Indian Performing Right Society Ltd. v. Sanjay Dalia [2006] 128 DLT 65: This case held that fair dealing is permitted for the purpose of criticism or review of a work, but that the dealing must be done in good faith and without the intention of profiting from the work.
- Universal Music Group v. Karan Johar [2012] 44 PTC 1 (Del): This case held that fair dealing is permitted for the purpose of research or private study, but that the dealing must be done in a manner that is reasonable and does not harm the copyright owner's interests.
See Also
- Copyright Act, 1957
- Fair Use under US Copyright Law
- Public Domain in India
- Copyright Infringement in India
- Moral Rights in India
- Indian Performing Right Society Ltd.
- Copyright Office, India
- World Intellectual Property Organization (WIPO)