Navigating the Extend of Fair Use in the Present Education System

The term ‘copyright’ means that the exclusive right of copying, or reproduction of a work is vested solely with the author or owner of such work. With the onset of the Copyright Act of 1957, India has adopted international standards of copyright law including the Berne Convention and the TRIPS Agreement. However, such a right although exclusive could not be absolute, due to the reason being not all uses are done with an ill motive and harm the creator. This dilemma led to the development of the Fair Use doctrine which works to balance the interests of both the owner of copyright and the public at large. Provisions such as Section 52 of the Copyright Act of 1957, which incorporates the concept of ‘fair dealing’ follow the notions of Article 14 of the Constitution of India and operate to create a framework that is neither derogatory to public interest nor does it exhaust the intention of Copyright. However, despite such provisions in place there still exist challenges assigning certain uses as fair, especially in the educational industry. Therefore, this paper aims to bring clarity to the mechanism of Fair Use in India especially in Educational Institutions. This paper throws light on the evolution of copyright law in India, which aims to protect creators' rights while fostering access to knowledge and cultural content. It ensures a balanced approach to intellectual property, particularly in the digital age where the accessibility of information blurs the lines between personal and public use.