Kandarp Parashar, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
Dr. Arvind Kumar Singh, MBA, PhD, UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
ABSTRACT
Copyright law does the task of incentivizing creativity and innovation since it grants exclusive rights of the a creator’s work to them. It helps to motivate creators to create and gives them the opportunity to benefit from the work they have done. However, a stringent copyright regime can at times cause hindrances in the access of knowledge, culture, as well as education. For creation of an equilibrium between protections of the rights of copyright holders and performing duties for the broader public interest, exceptions and limitations such as fair dealing play a crucial and vital role. In India, the concept of fair dealing is enshrined in the Copyright Act, 1957 and serves as a key mechanism and ensures that copyright protection does not stifle or restrict speech, research, education, and public access to information. In contrast to the more flexible fair use doctrine in the United States, fair dealing in India functions within a structured framework and allows specific exemptions for activities like private study, criticism, and news reporting. This paper explores the constantly evolving role of fair dealing in India, examining its judicial interpretations, impact on different sectors, and its success in balancing copyright protection with the needs and requirements of the society at large. It puts into assessment how India's approach is in alignment with the global copyright trends and the challenges posed by expansion in the digital world. The aim of this analysis of the key legal precedents and policy debates is to underscore the extent to which fair dealing provides assistance to a fair and equitable copyright system in India.
Keywords: Doctrine of Fair dealing, Doctrine of fair use, Copyright law, Copyright Act, Infringement.
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