Fair Use And Fair Dealing: A Comparative Study Of India And The United States
- IJLLR Journal
- 1 day ago
- 2 min read
M. Harshini, LL.M., Christ (Deemed To Be University), Bengaluru
ABSTRACT
The doctrines of fair use and fair dealing are two of the most important exceptions that are included in copyright laws to protect the public against the possible negative consequences of copyright. These exceptions empower the public to have access to the knowledge they might otherwise be deprived of due to copyright restrictions. Although both India and the United States have taken cognizance of the restraints the copyright laws impose on the exercise of such rights as education, research, ingenuity, and the like, their positions on the matter appear to be quite different with regard to the extent and the application of the limitations. The practice in the United States is to employ a fair use model that is more open-ended and less rigid based on the legislative provision 107 of the Copyright Act, which gives the court considerable discretion in interpreting it using the criteria outlined therein. On the other hand, India is more in line with a strict fair dealing policy as defined by Section 52 of the Copyright Act with a detailed list of specific activities that do not violate the copyright in question. This comparative research traces the trajectory of the two concepts from their inception till date, delineating the underlying legal principles and showing the shift in judges' attitudes toward these concepts in both countries. The paper examines the pros and cons of each system in depth, paying particular attention to such issues as technological obsolescence, the dissemination of digital works, and the rights of users. In the final analysis, the study moves to the thesis that India might find it advantageous to incorporate some facets of the U.S style flexibility, yet, without lapsing into the abuse of the copyright law so as to have a regime that would be more balanced and able to adjust to changes.
Keywords: Fair Use, Fair Dealing, Copyright Law, Digital Rights, Education, Innovation.
