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Fair Use And Creative Freedom: Balancing Intellectual Property Rights With Artistic Expression




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



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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