Fair Dealing Under Indian Copyright Law: A Judicial Perspective
- IJLLR Journal
- Mar 16
- 1 min read
Gargi, Amity Institute of Advanced Legal Studies, Amity University, Noida
ABSTRACT
The doctrine of fair dealing functions as a crucial limitation on the exclusive rights granted to copyright holders. Copyright law aims to encourage creativity and innovation by granting authors control over their works; however, this control cannot be absolute. In order to maintain a balance between the rights of authors and the interests of society, the law recognizes certain exceptions that allow the use of copyrighted works without prior authorization. In India, the principle of fair dealing is incorporated within the statutory framework of the Copyright Act, 1957, particularly under Section 52 which outlines acts that do not constitute infringement. Despite the statutory recognition of fair dealing, the Act does not provide a precise definition of the concept. Consequently, the interpretation and application of fair dealing have largely been developed through judicial decisions. This article examines the doctrine of fair dealing in India and analyses the significant role played by the judiciary in interpreting its scope. By examining landmark judicial decisions, the article highlights how courts have attempted to balance copyright protection with the broader public interest in access to knowledge, education, and freedom of expression.
