A Comparative Analysis Of Fair Use And Fair Dealing Under The Copyright Law Of India, USA And Nigeria

Full Text Link

Sathyapriya B, The Tamilnadu Dr. Ambedkar Law University

ABSTRACT

Copyright law grants exclusive rights to authors over the use and exploitation of their original works including the right to license such works for consideration. However to balance these exclusive rights with public interest copyright law recognises certain limitations and exceptions most notably the doctrine of fair use and fair dealing. This research paper presents a comparative analysis of the doctrine of fair use under the copyright law of India, the United States and Nigeria. The study examines the open-ended and flexible fair use framework adopted in the United States, the closed and purpose specific fair dealing regime under Indian law and the hybrid approach introduced by Nigeria through its Copyright Act, 2022. It highlights the structural limitations of the Indian fair dealing framework particularly its rigidity and inadequate response to digital and technological developments. By contrast the emphasis on transformative use in the United States and Nigeria’s modernised approach provide useful insights. The paper concludes by suggesting reforms to Indian copyright law to ensure greater flexibility and alignment with contemporary digital realities.

Keywords: Fair use, Fair dealing, copyright law, comparative analysis, digital era, copyright exception.

243. A COMPARATIVE ANALYSIS OF FAIR USE AND FAIR DEALING UNDER THE COPYRIGHT LAW OF INDIA,

Download A COMPARATIVE ANALYSIS OF FAIR USE AND FAIR DEALING UNDER THE COPYRIGHT LAW OF INDIA, • 375KB