Fair Dealing And Musical Works In India: Recalibrating Copyright Balance In The Age Of Digital Remix Culture
- IJLLR Journal
- 2 hours ago
- 1 min read
Sankalp Singh, LL.M., Babasaheb Bhimrao Ambedkar University, Lucknow
ABSTRACT
The doctrine of fair dealing under the Copyright Act, 1957 constitutes the principal statutory limitation upon the exclusive rights of copyright holders in India. It reflects the internal balancing mechanism of copyright law, which seeks to reconcile economic incentives for creators with broader societal interests in access to culture and knowledge. In the contemporary digital ecosystem, the music industry has undergone structural transformation driven by remix culture, digital sampling, user generated content, algorithmic dissemination, and platform based distribution. These developments challenge traditional copyright assumptions rooted in singular authorship, fixed originality, and strict proprietary control.
This paper undertakes a detailed doctrinal and analytical examination of fair dealing in India with particular reference to musical works and sound recordings. Through close statutory interpretation of Section 52 of the Copyright Act, 1957, critical analysis of judicial precedents, engagement with constitutional free speech principles under Article 19(1)(a), economic theory concerning market failure and transaction costs, and comparative reference to the transformative use doctrine in the United States, the paper argues that the Indian framework remains structurally rigid and insufficiently responsive to contemporary musical practices. The study identifies four principal concerns: the closed list architecture of Section 52, judicial overemphasis on market harm, absence of a transformation based inquiry, and inadequate engagement with digital platform realities. It concludes by advocating a purposive, transformation-sensitive, and constitutionally aligned interpretation of fair dealing capable of sustaining both economic incentives and creative innovation in the evolving digital music ecosystem.
Keywords: Fair Dealing; Musical Works; Sound Recordings; Section 52; Remix Culture; Transformative Use; Copyright Balance; Digital Platforms; Freedom of Expression.
