CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT

AUTHOR – ANURUDH UPADHYAY, ADVOCATE (BALLB), CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT

BEST CITATION – ANURUDH UPADHYAY, CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 93-100, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Notion of “Fair Use” serves as a core value for any Copyright Regime. Basically, this doctrine aims to strike a harmonious balance between the creator of an original work and interests of public at large by permitting a narrow or restricted usage of an original copyrighted work without needing to seek the prior permission from the holder of copyright. Indian Copyright Act of 1957 in its Section 52 talks about the Doctrine of “Fair Dealing” and this doctrine is also an embodiment of “Fair Use”. Key motives behind the adoption of this doctrine are utility of a copyrighted work for the socially significant pursuits and also to be used for the purpose of criticism, private study, review, reporting of news and for research purposes. Section 52 of Copyright Act 1957 plays a role like a fundamental pillar of copyright regime in India, this section classifies the acts, which cannot be treated an infringement of copyright, which also includes the fair dealing with creative works such as artistic, dramatic, literary and musical works. But it is pertinent to note that these do not include a computer program. This research paper explores into a brief examination of Section 52 of Principle Act (referred to as Copyright Act, 1957), elements to prove a fair use of original work without owner’s prior approval, relevancy of this doctrine and notable judicial pronouncements highlighting the significance of “Fair Use” Doctrine.

Key Words: The Copyright Act of 1957, Fair Use, Fair Dealing and Copyright Regime.