Fair Use In Flux: Navigating Creativity, Ownership, And Digital Culture
- IJLLR Journal
- Oct 4
- 1 min read
Aarohi Prakash, CMR University, School of Legal Studies
ABSTRACT
The fast proliferation of digital media has altered how creative works are created, shared, and consumed. Memes, remixes, mashups, and fan fiction are examples of user-generated content, which represents a new era of participatory culture while simultaneously challenging old concepts of copyright ownership. The paper investigates the changing dimensions of fair use as a legal and cultural concept, with an emphasis on the contradiction between safeguarding artists' rights and allowing transformative speech in the digital environment. The paper investigates whether existing fair use and fair dealing regimes effectively satisfy the demands of digital creativity by examining major judicial developments, statutory frameworks, and comparative viewpoints from countries including the United States, India, and the European Union. It also takes into account the role of technological platforms, algorithmic copyright enforcement, and new challenges such as AI-generated material and NFTs. The paper advocates for a more adaptable view of fair use that balances economic interests with public interest in promoting creativity, free expression, and cultural innovation.
Keywords: Fair use, copyright, digital media, transformative works, memes, remixes, fan fiction, participatory culture, intellectual property law.
