Fair dealing is a specific exception to copyright infringement recognised in some jurisdictions, such as India. This legal doctrine allows for the use of copyrighted material without permission in limited circumstances, such as research, private study, criticism, review, and news reporting.
In India, standard exceptions or defences to copyright infringement are listed in Section 52 of the Copyright Act, 1957. The provision of fair dealing makes it certain that for a dealing to be 'fair', the purposes have to fall within the statutorily established purposes of private use, research, criticism and review.
Applicable Copyright Act Before 1958
Prior to 21 January 1958, the Indian Copyright Act, 1914, was applicable in India and still applicable for works created prior to 21 January 1958, when the new Act came into force.
The Indian Copyright Act, 1914 was based on the Imperial Copyright Act of 1911 passed by the Parliament of the United Kingdom, but was slightly modified in terms of its .
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Definition of Copyright
Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings.
The rights provided under Copyright law include the rights of reproduction of the work, communication of the work to the public, adaptation of the work and translation of t.
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Exceptions to Copyright Infringement in India
The Copyright Act 1957 exempts certain acts from the ambit of copyright infringement.
While many people tend to use the term fair use to denote copyright exceptions in India, it is a factually wrong usage.
While the US and certain other countries follow the broad fair use exception, India follows a different approach towards copyright exceptions.In.
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Foreign Works
Copyrights of works of the countries mentioned in the International Copyright Order are protected in India, as if such works are Indian works.
The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.
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How many times has the copyright law been amended in India?
The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.
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Is copyright infringement a fair use in India?
The Copyright Act 1957 exempts certain acts from the ambit of copyright infringement. While many people tend to use the term fair use to denote copyright exceptions in India, it is a factually wrong usage.
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Ownership of Copyright Under The Copyright Act 1957
The author of a work is generally considered as the first owner of the copyright under the Copyright Act 1957.However, for works made in the course of an author's employment under a "contract of service" or apprenticeship, the employer is considered as the first owner of copyright, in the absence of any agreement to the contrary.
The concept of joi.
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Remedies Available Against Copyright Infringement in India
The Copyright Act 1957 provides three kinds of remedies - administrative remedies, civil remedies and criminal remedies.
The administrative remedies provided under the statute include detention of the infringing goods by the customs authorities.
The civil remedies are provided under Chapter XII of the Copyright Act 1957 and the remedies provided in.
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Types of Works Protected
The Indian copyright law protects literary works, dramatic works, musical works, artistic works, cinematograph films and sound recordings.
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What is a copyright exception?
It is a limitation and also an exception to the exclusive rights granted by the copyright law to the author of a creative work.
It also permits reproduction or use of the copyrighted work in a manner, which, but for an exception carved out would have amounted to infringement of the copyright.
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What was the Indian Copyright Act 1914?
The Indian Copyright Act, 1914 was based on the Imperial Copyright Act of 1911 passed by the Parliament of the United Kingdom, but was slightly modified in terms of its application to Indian law.
