“From Photocopiers To Pirates: Study On Concept Of Fair Dealing In Indian Copyright Law With Brief Analysis Of Du Photocopy Judg.pdf

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Summary

The concept of fair dealing in Indian copyright law allows for the use of protected works without permission from the copyright holder under certain conditions, serving as an exception to copyright protection. The Indian Copyright Act, 1957, provides a statutory framework for determining fair dealing, which is not defined but follows common law. The concept is similar to the US concept of fair use, but with inherent differences. The fair dealing exception is meant to balance the rights of the copyright holder with the right to freedom of expression, allowing for the use of protected works for purposes such as criticism, review, or education, without causing commercial loss to the right holder. The concept has its roots in the judicially derived factors listed under Section 52 of the Copyright Act, 1957, and is also influenced by international agreements such as the Berne Convention and TRIPS. A notable example of the application of fair dealing is the Delhi University Photocopy Judgment, which involved a controversy over the photocopying of copyrighted materials by a photocopy shop on the university campus.

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The concept of fair dealing in Indian copyright law allows for the use of protected works without permission from the copyright holder under certain...

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  • File Format: PDF
  • File Size: 666 KB
  • Pages: 17
  • Language: EN
  • Author: admin
  • Total Downloads: 392
  • Last Updated: 2 hours ago

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