Fair Use In The Digital Age: Evaluating The Impact Of Copying And Distribution

Aswani J S, LLM, Christ University, Bangalore

Dr. Aradhana Satish Nair, Associate Professor, Christ University, Bangalore

ABSTRACT

A key component of copyright law is the Fair Use Doctrine, which permits other persons to use Copyright-protected content without the owner's consent. This research paper will explain how fair use applies to copyright infringement in the digital age, reviewing its complex and dynamic scenery. In light of the widespread usage of online material sharing and the continuous growth of intellectual property rights, producers, academics, and legal professionals must comprehend the subtleties of fair use. This research takes an interdisciplinary approach to discover the complex nature of fair use, fusing legal analysis, case studies, and socio-cultural viewpoints. This research explores the four main elements that courts consider when determining what constitutes fair use: the intent and type of use, The nature of the copyrighted work, the quantity and quality of the piece used, and the impact on the copyrighted work's possible market. In addition, this research examines the practical application of the doctrine by analysing significant fair use cases, such as Google v. Oracle and the 'Dancing Baby' case. Fair use has innovative opportunities and challenges in the digital age. The study investigates how equitable use considerations are affected by transformative works, user-generated content platforms, and the use of artificial intelligence in content creation. This research emphasises the growing importance of fair use in fostering creativity, innovation, and freedom of speech while defending the rights of copyright holders, highlighting its crucial role in finding a balance between these critical factors. This study thoroughly analyses the Fair Use Doctrine and forecasts the development of copyright law. In an era characterised by persistent worries about intellectual property and the preservation of free speech, having a solid understanding of fair use is essential to strike a balance between upholding the rights of copyright holders and fostering an innovative and dynamic environment.

Keywords: Fair Use Doctrine, Copyright Law, Copyright Infringement, Fair Dealing, Legal precedents