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…
Indian copyright law provides exceptions to libraries for use of copyrighted works under the statutory fair dealing provisions of the copyright Act (section 52) as well as under the judicially created fair use exception. Broadly the law permits use of copyrighted works by libraries for the following purposes:
Research and education;
Instructions, teaching and training;
Private study;
Enabling access to the disabled;
Activities of education institution;
Review and criticism;
Searching and data mining;
…
The following presentation was delivered by Dr. Kalyan C. Kankanala, Managing Partner BananaIP Counsels, at the Woxsen School of Business, Hyderabad. The presentation is titled “Intellectual Property and Business Value” and covers the following topics:
IP as a Business Tool
Major Forms of IP
Integrated Protection
Patents
Patentability Requirements
Patent Process
Patent Rights
Patent Infringement
Claim construction
Examples
Patents in Business
Trademarks
Registration Process
Trade Mark Infringement and examples…
Disney has always been extremely protective of its intellectual property. The company has been aggressively pursuing infringers who have tried to use its IP assets without authorization.
The number of suit against these infringers has increased in the recent times, with the expansion of its IP portfolio due to its acquisition of Marvel Entertainment. There have been several instances of infringement concerning Disney films, such as 'Frozen', 'Star Wars' and the Marvel movies, which it pursued aggressively.
Last week, Disney…
(Trapped in a struggle she didn’t understand; By day a filmmaker....by night she fought for fair use!)
Could you ever imagine there being a graphic novel on Fair Use? Surprise, surprise! Some law scholars actually thought it to be a feasible idea and created this unusual piece of work. James Boyle, Jennifer Jenkins and Keith Aoki, from the Duke Centre for the Study of the Public Domain, being passionate copyright enthusiasts as well as keen artists published a graphic novel…
After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty, while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it.
Background
A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated…
In our post last week, we discussed about the art of machinima, i.e. the use of visuals from a video game to create a cinematographic film. As machinima is a derivative work, using the characters and the environment from the game without the authorization of the game developers would usually constitute an act of infringement. However, many of the creators of machinima, or machinimators, rely on the fair use provisions in the event that a copyright infringement claim is brought…
The concept of fair dealing is statutorily entrenched in Section 52 of the Copyright Act, 1957. What fair dealing does is that it permits certain acts with respect to copyrighted works, which otherwise would have constituted as infringement. The concept of fair dealing found in the UK copyright law as well as the Indian copyright law, is much more restrictive that its US counterpart, fair use. While the Indian law provides a specific list of fair dealing acts and purposes,…
In this post we shall be discussing about ‘machinima’, a form of new age cinema. For those of you who are not aware of what machinima is, it is derived from two words, ‘machine’ and ‘cinema’, and as the combination suggests, it refers to the practice of using video games to create original cinematographic films. Machinima films use the virtual environments and the characters within a game to tell stories.
Though a machinima appears to be just like any other…
This presentation was delivered by Ms. Sharada Kalamadi at GNLU as a part of the entertainment law course offered to LLB and LLM students. The presentation covers:
Subject matter of disputes in the entertainment industry
Fair Dealing/Fair Use
Section 52, Copyright Act, 1957
Concept of Fair Use
Fair use defense
Copyright infringement
"Abstraction-filtration-comparison” test.
Quantitative & Qualitative Test
Extrinsic- Intrinsic Test
Kroff Test
R.G. Anand vs M/S. Delux Films…