Depiction of the balance between copyright holders’ rights and public interest under the fair use doctrine.
Introduction
The term ‘copyright’ is a right given to the owner of an intellectual property. This right is given to a person when he creates any original work. As the term suggests, this gives the right to the owner to control the reproduction and distribution of the work.
What is the Doctrine of Fair Use?
The general rule is that once a copyright has been granted to any work, it cannot be used by any person other than the owner or any person authorised by the owner. However, this doctrine is an exception to the general rule. It provides for circumstances in which a copyrighted work can be used by other people even without the authorisation of the owner.
This doctrine originated in the U.S. However, the term ‘fair use’ is not defined anywhere. Section 107 of the U.S. Copyright Act, 1976 provides for 4 factors to be considered to determine whether there is fair use of a copyright. They are as follows:
- Purpose and character of the use (whether it was for commercial or educational purposes)
- Nature of the copyrighted work
- Amount and substantiality of the copyrighted portion used
- The effect of such use on the value of the copyrighted work.
Concept of Fair Use in India
The concept of fair use is provided under Section 52 of the Indian Copyright Act, 1957. It provides that the following acts will not lead to infringement of a copyright:
- Private work including research
- Review or criticism of copyrighted work
- Reporting current events or current affairs
- Reproduction of the copyrighted work for the purpose of judicial proceeding
- Reproduction by legislature for all works
- Reproduction for the purpose of obtaining certified copy under any law in force
- Using the work for educational purposes
- Reading or reciting extracts from the copyrighted work in public
Fair Use vs. Fair Dealing
In India, the concept of fair dealing is followed which is slightly different from the doctrine of fair use which is prevalent in America. As per the Indian law, only the specific exceptions which are mentioned under the statute qualifies as fair use. If the copyrighted work is used for any purpose other than the ones mentioned, it will lead to copyright infringement. Therefore, Indian law is much narrower than the law followed in America and there is a chance that what is considered as fair use in America may not be considered as fair use in India.
Why is This Important?
This doctrine is important as it enables a balance between the rights of the creators to protect their work and also the rights of the general public to access their content. Understanding what constitutes fair use is important to make sure that there is no infringement of a copyright.
Conclusion
To conclude, the doctrine of fair use serves as a bridge between creativity and accessibility. It ensures that granting of a copyright doesn’t hinder education, criticism or public discourse. Though it is interpreted differently in different countries, it helps draw distinction between inspiration and infringement.
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WRITTEN BY – SHIVANI
