Fair dealing provisions under the Indian Copyright Act, 1957 as amended in 2012 exempt certain activities from the purview of copyright infringement. While certain exceptions mentioned under Section 52(1) of the Copyright Act are applicable to all kinds of works in which copyright subsists, the applicability of certain provisions are restricted to specific works. The following table identifies the various fair dealing and fair use provisions under the Copyright and its applicability to specific works:
Sections | Provisions | Applicability |
52(1)(a) | Fair dealing | All works |
52(1)(a) | Private or personal use, including research | All works |
52(1)(a) | Criticism or review | All works |
52(1)(a) | Reporting of current events and current affairs | All works |
52(1)(aa) | Making copies for back-up | Computer programmes |
52(1)(ab) | Obtaining information for inter-operability | Computer programmes |
52(1)(ac) | Observation, study or testing | Computer programmes |
52(1)(ad) | Making copies | Computer programmes |
52(1)(b) and 52(1)(c) | Transient or incidental storage | All works |
52(1)(d) | Reproduction in judicial proceedings | All works |
52(1)(e) | Reproduction by Legislature | All works |
52(1)(f) | Reproduction for obtaining certified copy | All works |
52(1)(g) | Reading or reciting reasonable extracts in public | Literary or dramatic works |
52(1)(h) | Publication in collection of non-copyright matter | Literary or dramatic works |
52(1)(i) | Reproduction by teacher or pupil | All works |
52(1)(i) | Reproduction as part of question paper or answer paper | All works |
52(1)(j) | Performance in an education institution | All works |
52(1)(k) | A recording to be heard in an enclosed room or non-profit club | Sound recordings |
52(1)(l) | Performance by an amateur club | Literary, musical or dramatic work |
52(1)(m) | Reproduction in a newspaper, magazine or article | All works |
52(1)(n) | Storage by library | All works |
52(1)(o) | Storage by library | Literary works |
52(1)(p) | Reproduction for purposes of research, private study or publication | Literary, dramatic or musical works |
52(1)(q) | Any matter published in official Gazette | All works |
52(1)(q) | Act of a Legislature | Literary work |
52(1)(q) | Report of any committee, commission, council, board appointed by Government | Literary work |
52(1)(q) | Any judgement or order by court | Literary work |
52(1)(r) | Production or publication of translation of any Acts or Orders by the Government | Literary work |
52(1)(s) 52(1)(t) 52(1)(u) 52(1)(v) |
Publishing any painting, drawing or photograph of a work Inclusion in any cinematographic film of a work |
Artistic work |
52(1)(w) | Making three dimension object from two dimensional work | Artistic work |
52(1)(x) | Reconstruction | Architectural drawings |
52(1)(y) | Exhibition | Cinematographic films |
52(1)(z) | Storage | Sound recordings and Cinematographic films |
52(1)(za) | Performance in religious ceremony or ceremony held by Central Government, Statement Government or local authority or marriages | Literary, musical, dramatic works or sound recordings |
52(1)(zb) | Conversion of copyrighted books/ materials into accessible format for the disabled |
All works |
52(1)(zc) | Importation of promotional materials | Literary or artistic works |
Authored by: Nithin V Kumar, BananaIP Counsels
Image source or Attribution here, governing license CC-BY-NC-SA 2.0