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Title: Indian Perspective of Fair Dealing under Copyright Law: Lex Lata or Lex Ferenda?
Authors: Sharma, Ayush
Keywords: Fair dealing;fair use;copyright;exception;defence;infringement;Section 52
Issue Date: Nov-2009
Publisher: CSIR
Abstract:  Fair dealing is an important concept in Indian copyright law. However, despite its importance in the copyright regime and the importance of the copyright regime to advancement of technology, the concept remains relatively unexplored in India. The Americans, on the other hand, have been rapidly refining their concept of fair use over the past decades. Has the Indian Judiciary benefited from the American experience? This article attempts to explore the historical roots of copyright law and fair dealing in India, its raison d'├átre, the statutory and primarily the judicial treatment of the concept. It also discusses the attitude of the Indian judiciary to the defence of fair dealing, in the light of American jurisprudence. The article concludes to say that though the Indian courts have borrowed the factor analysis method in the assessment of fair dealing from US and have also adopted a disciplined approach in dealing with this defence, Indian copyright jurisprudence is still awaiting its watershed equivalent of Folsom v Marsh to address fundamental issues about the purpose, meaning and application of the Indian law on fair dealing. The role of fair dealing in the overall scheme of Indian copyright law regime remains to be defined.
Page(s): 523-531
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.14(6) [November 2009]

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