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 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,…
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…