Download This PaperIs Fair Dealing a Saving Grace in Copyright? With Special Reference in the Digital Era
8 Pages Posted: 15 Apr 2020 Last revised: 17 Apr 2020
Date Written: March 22, 2020
Abstract
The central theme of this project is to accentuate the inherently powerful concept of ‘Fair Dealing’ or also known as “Fair use” (in USA) as embodied in the Indian Copyright Act, 1957 and to assess its relevance in the current epoch of digitization. The concept of Fair Dealing isn’t new, but it has been used globally in many developed countries. In the contemporary times, this doctrine permits commission of certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. Thus, it often acts like a “saving grace “to the potential or alleged infringer. This concept isn’t so new, but it has been used globally in many of the developed countries and upon a comparison of “Fair Dealing”, primarily used in Indian copyright laws & UK copyright laws and “Fair Use”, found in the US copyright laws, the realm of the former one is quite narrower than of the later one.
This is because as the Indian law lacks specific list of acts that only amount to fair dealing unlike US laws, where there are few determining parameters to ascertain fair use. It has been that observed that despite being such an integral part of the copyright law, the scope of it remains quite unfathomed in India. Thus, this paper attempt to delve into all the facets of this doctrine and scrutinize its genesis, addressing the issues and challenges it is exposed to. Subsequently also assess its use in the contemporary times especially in the digital era.
Keywords: Copyright, Fair Use, Fair Dealing, Plagiarism, Infringe, IPR
JEL Classification: K39
Suggested Citation: Suggested Citation