Fair Use In The Digital Age: Analyzing The Evolution Of Copyrights Exceptions

Yashaswini. Srivatsa, LLM IPL, Christ (Deemed to be University), Bangalore

Dr. Shampa I Dev, Christ (Deemed to be University), Bangalore

ABSTRACT

In the age of digital information and ubiquitous connectivity, the concept of fair use has taken center stage in the ever-evolving arena of intellectual property. This paper delves into the multifaceted and dynamic landscape of "Fair Use in the Digital Age: Analyzing the Evolution of Copyright Exceptions." The study traces the historical roots of copyright law, its purpose, and its adaptation to the digital age. It scrutinizes the four pivotal factors that guide fair use analysis, exploring their application and significance in the context of digital content creation and distribution. Key international and national legal frameworks, such as the Berne Convention and TRIPS, are investigated, with an emphasis on their provisions for copyright exceptions and their relevance in the digital domain. Several landmark cases, including Campbell v. Acuff-Rose Music, Inc. in the United States and Ramesh Chand Ardawatiya v. Anil Panjwani in India, are scrutinized for their roles in shaping the application of fair use principles in the digital era. A comparative analysis of how different jurisdictions address fair use elucidates the varied approaches and challenges they encounter while reconciling the interests of copyright holders, content creators, and the general public.As digital platforms and user-generated content proliferate, the responsibility and liability of intermediaries and service providers are increasingly scrutinized. This paper examines the evolving dynamics of these entities in enforcing copyright and respecting fair use. Additionally, the exploration of new and emerging technologies, such as artificial intelligence, blockchain, and online streaming, underscores the complexity and the need for ongoing adaptation in the world of copyright and fair use. This paper further navigates the intricate web of copyright exceptions, fair use, and the digital age, providing valuable insights into how these elements intersect, diverge, and shape the future of content creation, distribution, and intellectual property. The paper underscores the importance of finding a delicate equilibrium between the interests of rights holders, the imperatives of innovation, and the public's access to knowledge and culture. Through examination and understanding, it sheds light on how the evolving landscape of copyright exceptions impacts the digital era, offering guidance for legal, creative, and policy communities alike.

Keywords: Fair Use, Copyright Exceptions, Digital Age, Intellectual Property, Copyright Law, Transformative Works, TRIPS, Digital Platforms, Content Creation, Copyright Holders, User-Generated Content, Legal Frameworks, Content Distribution, Landmark Cases, Access to Knowledge.