Legal Regulation of Fair Dealing and Fair Use in India, Australia and the United States

Aishwarya. V
LLM student at School of Law, Christ (Deemed to be University), Bangalore, India.

Volume III, Issue VI, 2020

Every man who puts in his effort, skill, labour, and capital would want to protect it as its own contribution, and sometimes an author of the work would also like to be known for his work. especially, in case of literary, dramatic, musical, artistic work including cinematograph film and sound recording. The author is given protection for his work under the Copyright Act but is subject to an exception called” Fair dealing”. the main objective behind this exception called “Fair dealing “is for the public benefit. Fair dealing ensures that the copyrighted work is protected, and at the same time, the public gets benefit by providing the new upgraded talent and information to the researchers, students, etc. However, this exception is called Fair dealing in India and Australia, whereas in the united states, it is known as Fair use.  This article focuses on the exceptions to copyright infringement in India, Australia, and the United States. The article mainly highlights the factors that need to be considered while determining the use to be fair. This paper also deals with the provisions of the doctrine of fair use and fair dealing in the Indian, Australian and united states copyright act.

Keywords: Fair, Infringement, Copyright, Factors