Fair Dealing Under the Copyright Law: A Critical Analysis

  • Radhika Bhusari
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  • Radhika Bhusari

    LLM student at Symbiosis Law School, Pune, India

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The Intellectual Property laws seek to promote creativity and protect creative works. The object of the copyright law is to incentivize the works of the creators. The Copyright laws grant an exclusive right to the owner of creative work, and the unauthorized use of a copyrighted work amounts to infringement of the copyright. Nevertheless, this exclusive right granted to the copyright owner over the creative works is restricted by the “Doctrine of fair dealing.” This concept allows the public to use or access the copyrighted work for specific limited purposes. Section 52 of the Act defines fair dealing and enumerates certain acts that do not amount to copyright infringement. The doctrine of fair dealing is a vital concept under the Copyright act. It aims to establish a balance between the rights bestowed upon the copyright owner and the public, but many instances have come forward where this exception is used in bad faith. Although the Indian legislature has adopted the factor analysis method as established under the U.S. copyright act, there is a difference between the two. The Indian legislation sets out an exhaustive list of provisions that come under the purview of fair dealing and, in a way, restricts the scope of its applicability. On the other hand, the U.S. has a far broader approach and hence provides an open-ended application that is robust and flexible. This paper aims at identifying the concept of fair dealing in India and fair use in the USA by identifying the difference between its application and scope.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1077 - 1089

DOI: https://doij.org/10.10000/IJLMH.112539

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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