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Analyzing The Fine Line Between Fair Dealing And Copyright Infringement




Ritika Singh, B.A.LL.B (Hons.), Faculty of Law, University of Allahabad

ABSTRACT

Copyright is the fruit of hard labour of an individual, given to promote creativity in the nation. But individual interest must not surpass public interest therefore, there are certain exceptions or permitted use of copyright, known as fair use doctrine. This article aims to analyze the fine line between fair dealing and copyright infringement.

To analyze this problem, the Copyright Act, 1957 and many articles as well as documents from official websites like live law, iprlawindia, research gate, Indian kanoon, etc. have been consulted. The result indicates that for fulfilling the purpose of public interest like research, education, criticism or some other purposes in good faith, certain unauthorized use or fair dealing of copyrighted work is allowed.

It is concluded that the protection given to authors under copyright law must not become overprotection thereby hampering interest of the society. Certain exceptions to copyright infringement in good faith should always be taken into consideration for increasing cultural heritage of the country.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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