Fair Use And Creative Freedom: Balancing Intellectual Property Rights With Artistic Expression
- IJLLR Journal
- 6 days ago
- 1 min read
Devanshi Singh, Amity Law School Lucknow
Dr. Shova Devi, Amity Law School Lucknow
ABSTRACT
This paper explores the critical intersection between fair use and creative freedom, highlighting how the fair use doctrine enables innovation while protecting the rights of creators under intellectual property law. Fair use, a limited exception within copyright law, offers a mechanism to balance the interests of creators, consumers, and society as a whole. This paper investigates the historical roots of fair use, its application in modern creative practices, and the controversies surrounding its misuse. Through an examination of legal cases, industry practices, and theoretical perspectives, the paper argues that while fair use remains essential for cultural and technological innovation, its boundaries must be continuously redefined to keep pace with emerging forms of creative expression in the digital age.
Keywords: intersection, theoretical, innovation, creative