FAIR USE VS. COPYRIGHT INFRINGEMENT: A LEGAL ANALYSIS

AUTHOR – RUDRAVIR RAJ SHRIYAM, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – RUDRAVIR RAJ SHRIYAM, FAIR USE VS. COPYRIGHT INFRINGEMENT: A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 505-509, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The doctrine of fair use plays a pivotal role in balancing the exclusive rights of copyright owners with the larger public interest in promoting creativity, education, and innovation. This paper undertakes a comprehensive analysis of fair use and copyright infringement, exploring their legal frameworks, judicial interpretations, and comparative perspectives in India and the United States. It discusses the evolution of copyright law, major legislative provisions, and landmark judicial precedents that have shaped the contours of fair use. The study also examines the challenges posed by digital technologies and the tension between creators’ rights and public access. The analysis concludes that a balanced and flexible approach to fair use is essential to ensure that copyright law continues to foster creativity without stifling the freedom of expression or innovation.

Keywords:

Fair Use, Copyright Infringement, Intellectual Property Rights, Indian Copyright Law, U.S. Copyright Act, Judicial Interpretation, Digital Era, Transformative Use, Fair Dealing, Creative Freedom