DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE
AUTHORS – ARISIA* & AMARTYA SAHASTRANSHU SINGH**
* LLM (CRIMINAL LAW) RGSOIPL, IIT KHARAGPUR
** LLM (INTERNATIONAL LAW) RGSOIPL, IIT KHARAGPUR
BEST CITATION – ARISIA & AMARTYA SAHASTRANSHU SINGH, DIGITAL COPYRIGHT INFRINGEMENT: ANALYSIS OF FAIR DEALING IN CYBERSPACE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 216-222, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/GWXG9355
ABSTRACT
There is a doctrine of fair dealing/ fair use that exists in different legal systems under various names. It has seen a lot of ebb and flow in the material world but a uniform trend in the jurisprudence has been observed including in India. The application of fair dealing in cyberspace, however, leaves a lot to be desired specifically with respect to cases regarding fanfictions and YouTube videos using copyrighted material in a transformative way. Secondly, there is a lot of focus on educational material and little on other uses of copyrighted works such as parodies under fair usage. There is no consensus on the issue of profiting from certain transformative works, and the status of certain digital works as being infringing or being fair use. This paper shall thus, attempt to create a consensus regarding the aforementioned points using secondary sources and analytical methodology.
KEYWORDS: Copyright, Fair Dealing, Cyberspace, Derivative works