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Copyrights, Fair Dealing, and Fair Use in India

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…

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DMS DESI BOYZ

Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr.

Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr. [Criminal Appeal No. 258 & 259 of 2013 SC (Decided on 15.10.2015)] Facts Shyam Vithalrao Devkatta (Respondent), had authored a story named ‘Desi Boys’ and had registered the same with the Film Writers Association on 25.11.2008. Mr. Devkatta forwarded the synopsis of the story to his friend Mr. Ramesh Bhatnagar who further forwarded it one Mr. Ahsaan Sagar on 15.10.2009. Subsequently, Mr. Devkatta saw the promos of a…

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