ABSTRACT
One of the branches or aspects of intellectual property rights known as copyright has an exclusive set of legal rights that extends to authors of literary, dramatic, musical, and artistic works as well as to those who produce cinematographic films and sound recordings. These rights include the ability to reproduce works and make them available for public consumption. The author of an original intellectual or artistic work will be granted legal protection for copyright, allowing them to do, authorize, or prohibit certain acts regarding their work, safeguarding and compensating their originality. The owner of the copyright has either licensed or assigned these rights as a means of support and promotion for ongoing creative endeavors. A violation of the copyright occurs when any of the aforementioned acts are carried out by someone other than the author or owner of the copyright without authorization from the author or owner. The copyright is given for a specified amount of time and is subject to some terms and conditions. However, the nations where authors are protected by copyright attempted to strike a compromise between the authors’ “sole right of copying on the one hand and public interest in using the authors” work on the other. As a result, even when the author has a Copyright, his protection frequently has several restrictions. As the copyright system prioritizes the greatest good for the largest number of individuals by restricting such rights to a predetermined duration, it also serves the interests of society as a whole. The work enters the public domain when the copyright term has expired, and any act of replication by someone other than the creator does not constitute infringement. The “doctrine of Fair dealing” is another illustration of these restrictions. It is both a restriction and an exception to the author’s exclusive rights allowed by copyright legislation. Additionally, it allows for the replication or use of the copyrighted work in a way that, absent the exemption made, would have violated the copyright. As a result, it has been protected from the “mischief” of copyright laws.
KEYWORDS
Indian Copyright Act, infringement, rights, fair dealings, fair use, exceptions, real owner, Section 52.
INTRODUCTION
Various common ideas are available to everyone and can be easily used by them. But the person who gives their time and energy and works with his total labor by putting in various efforts is considered an owner. This compensation comes in the form of an intellectual property right, such as a patent, copyright, trademark, etc[1]. Copyright is one of the concepts described under the Intellectual Property law, it is defined as a legal right given to a person who has discovered or invented anything. For more information about it can be said that when someone invents something on their own then that particular thing is considered as an original product, thing, or property and if a person invents something then he has proper legal rights on the same. Take as an example poetry, journals, papers, books, products, etc. Legal rights which the owner of the original product have is described with the help of copyright which is there as a branch in the law of intellectual property. Copyrights give the right to the real owner and make it clear that someone’s creation should not be used by others without the owner’s permission[2]. Copyright is considered as a type of law which is described as a branch under the intellectual property law and it helps to govern the same. This copyright law gives the owner of the creation which means the creator their legal rights which says that it is in the owner’s hand how his creation should be used. Some different works are there to be protected under the Copyright Act. Like writing and dramatic works, artistic creation, music compositions, television shows, movies, etc[3].
This compensation comes in the form of an intellectual property right, such as a patent, copyright, trademark, etc. The proprietor of the copyrights gets particular specific liberties, which include rights regarding reproduction, performance, translation, and adaptation. Any use of these exclusive rights by someone who hasn’t been given a license is an infringement. The argument for the exception rests that when there is an infringing use of something but it is in a way that benefits people of the society or the public in a large quantity then that use comes under the range of exceptions in the Copyright Law. And this exception rule allows a right-minded or genuine member of society to use works that are copyrighted in a good way without any type of loss to the original owner. This defense of exception in copyright law says that the user must take permission from the owner. The exceptions allow the use of safe or protected works so that intellectual property rights will not get affected or violated and there will not be any issue arising with the freedom of speech and expression of a person. In a lawsuit filed against him for infringement, the defendant may rely on a few of the statute’s exceptions. These exclusions have been included to safeguard the freedom of expression that is protected by the Indian Constitution. “Fair dealing” is one of the numerous defenses to accusations of copyright infringement.[4]
RESEARCH METHODOLOGY
The research methodology used in this research paper is descriptive and the research is done based on secondary sources with the proper analysis of the copyright laws and exceptions under it. Secondary sources which are used as the source of information are journals, articles, blogs, books, and websites used for the research.
REVIEW OF LITERATURE
Copyright is given for a set amount of time and is subject to several requirements. However, the nations where authors are protected by copyright strove to strike a compromise between the authors’ “sole right of copying” and the general public’s desire to use the authors’ work. By limiting the rights to a set time, the copyright system prioritizes the most beneficial outcome for the largest number of people while also promoting the best interests of society as a whole. Any act of reproducing the work by someone apart from the author would
not constitute infringement once the copyright term has expired and the work enters the public domain. The notion of fair dealing is another illustration of these restrictions. It is a restriction or exception to the creator of a creative work’s exclusive right, which is granted by copyright law. It allows the use or reproduction of works protected by intellectual property in ways that, but with the exception made, would have violated those rights. As a result, it has been protected from the “mischief” of copyright law. The initial creation can only be used given advance
authorization provided by the author; nevertheless, there are a few exceptions to this general rule, one of which is the idea of equitable utilization and fair deals. Copyright law’s goal is to protect the rights of the author and the work they created.
To stay current on new advancements and produce the next wave of original work, access to protected knowledge and material is essential. Knowledge access is a fundamental human right. On the opposite hand, the authors of content have a right to the protection of their economic and moral interests in copyrighted works. A welfare law that attempts to strike a balance in this is copyright law. The copyright exceptions and restrictions, such as “fair dealing,” are designed to safeguard the public’s right to access the original works and knowledge transmission. To stay current on new advancements and produce the next wave of original work, access to protected knowledge and material is essential. Knowledge access is a fundamental human right. On the opposite hand, the authors of content have a right to the protection of their economic and moral interests in copyrighted works. A welfare law that attempts to strike a balance in this is copyright law. The copyright exceptions and restrictions, such as “fair dealing,” are designed to safeguard the public’s right to access the original works and knowledge transmission.[5]
METHOD
COPYRIGHT LAW AND EXCEPTIONS IN INDIA: AN OVERVIEW:
In India Copyright Law is given under the Copyright Act, of 1957, it provides legal protection and gives rights for various creative works like literary, artistic, musical, and cinematographic works. The act gives absolute rights to creators and owners of these types of works and establishes the framework for their protection and enforcement.
The overview of copyright law and some of its exceptions in India are as follows:
- Copyright protection:
• Original Works: The Copyright Act protects the original works of authors or owners which are expressed or given in a concrete form, like books, poems, songs, films, software, sculptures, photographs, and other artistic creations.
• Duration: In general, copyright protection lasts for the lifetime of the author or owners plus 60 years after their death. In the condition of anonymous works, pseudonymous works, and works of joint authorship, copyright protection lasts for 60 years from the year of first publication.
• Rights: Copyright owners have their absolute rights to reproduce, distribute, publicly display, perform, and make derivative works as per their original works or creations.
- Copyright Exceptions:
• Fair Use: The fair dealing clause in the Copyright Act permits the unrestricted use of works protected by copyright for things like criticism, reviews, reporting on news, research, education, and private study. The source and author of the work must be acknowledged, and the user should be fair and reasonable.
• Personal Use: For personal use, such as collecting personal collections of music or films or generating backup copies of the software, people are allowed to create copies of copyrighted works.
• Educational Use: Within specific parameters, teachers and students are permitted to utilize copyrighted materials for academic reasons, such as in lectures, tests, or research. The usage, however, must be non – commercial and must not harm the marketplace for the original work.
• Libraries and Archives: Single reproductions of copyrighted works may be made by libraries and archives for preservation, research, or study. Users may also request copies of these, subject to some restrictions.
• Parody and Satire: As long as it doesn’t amount to a complete replica of the work and doesn’t hurt the demand for the original work, copyright law permits the use of copied content for parody or satire.
• Government Works: Works created by the Indian government or its agencies do not enjoy copyright protection and are considered public domain.
- Digital Millennium Copyright Act (DMCA):
The DMCA, which offers a safe harbor for internet service providers (ISPs) in some situations of copyright infringement, has not been specifically adopted in India. The
Copyright Act does, however, have procedures for ISPs to remove illegal content after receiving a warning from the copyright owner.
- Enforcement and Remedies:
• Civil and Criminal Remedies: Owners of intellectual property may enforce their rights in civil and criminal court. Remedies include restraining orders, monetary fines, accounts of earnings, and the seizure or erasure of copies that violate the law.
• Intellectual Property Appellate Board (IPAB): A specialized body called IPAB hears appeals and applications for correction involving copyrights and other intellectual property issues.
• International Treaties: The Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which offer additional protections and enforcement procedures, are two international copyright treaties that India has ratified.
It is significant to highlight that this summary is not all-inclusive as copyright law may be complicated. It is advised to speak with a lawyer who specializes in intellectual property or
study the Copyright Act, of 1957 and other pertinent Indian laws for particular legal counsel or in-depth information.[6]
FAIR USE EXCEPTION:
A copyrighted work may be used in a limited way without the owner’s permission under the fair use doctrine, which is an exception to the rule against copyright infringement. It permits the use of copyrighted content as long as it is improved in some way from the original. It is important to be aware that adaptations and derived versions of an original piece are not covered by the exceptions to the fair use doctrine. The list of applications for fair use is extremely illustrative and arbitrary. The definition of fair use is broader because only the fairness requirement must be met, even if the usage is for an illegitimate reason. Fair use is adaptable and refractory to change, particularly when it introduces uncertainty.
Section 52 of the Indian Copyright Act, 1957:
Regarding exceptions to copyright infringement and restricted usage of an individual’s existing copyrighted work without prior authorization, Section 52 of the Copyright Act, 1957 contains restrictions. The entire Section contains guidelines for what the Copyright Act considers to be fair use and ethical behavior. According to copyright law, only the federal courts have the authority to decide whether a specific usage qualifies as fair use or not. The four criteria, which are covered in more detail below, are used by the judges to determine the fair usage policy. It is important to remember that while the courts can make conclusions depending on the facts of the particular case, these elements only serve as guides. Simply put, the judge can decide whether a given utilization is fair use. You may come across scenarios where the laws conflict with those stated in this philosophy while studying fair use cases. Fair use involves making subjective decisions that are frequently influenced by factors like a judge or jury’s discretion or his sense of right or wrong. Despite the notion that insulting a judge is not considered fair use, a person should be mindful that a judge or jury may justify their decision against fair use if they are morally offended.[7]
REPRODUCTION FOR PERSONAL USE:
In India, copyright law is governed by the Copyright Act of 1957. The law contains a few exceptions that permit copyrighted works to be reproduced for personal use. The “fair dealing” clauses that make up these exceptions are comparable to the idea of fair usage in other jurisdictions. Individuals are allowed to create copies of works protected by copyright for their use in India, so long as it is not done for profit. This translates to the ability to copyrighted content, such as books, articles, or music, for private reading or listening purposes.
It’s also important to note that the fair dealing provisions are subject to some particular restrictions and requirements. The quantity and quality of the section that is replicated should be appropriate and shouldn’t hurt the original work’s market. Additionally, some works are subject to stricter limitations, such as computer programs. As copyright rules can be complicated and open to interpretation, it is advised to study the Copyright Act of India or obtain legal counsel to learn the exact rights and restrictions that apply to your circumstance.[8]
EXCEPTION OF FAIR DEALINGS:
There are some “fair dealing provisions,” or exceptions to fair dealing, within the Indian Copyright Act. These clauses outline specific situations in which works protected by copyright may be used without the owner’s consent. The following exceptions are made to India’s fair dealing provisions:
- Research or private study: A work that is copyrighted may be duplicated or copied for private study or research. This exception is true as long as the reproduction is made solely for personal use and not for resale.
- Criticism or review: Materials protected by copyright may be criticized or reviewed. This includes copying passages from work to offer comments or a review, such as by quoting from a book or using quotes from a movie.
- Reporting current events: To report current events, copyrighted materials, such as news stories or images, may be utilized. As long as it relates to a current event, this permits the copying or use of copyrighted content in news reporting.
- Judicial proceedings or legal advice: The reproduction or use of copyrighted works in court cases or for the provision of legal advice is permitted. This covers duplicating works for legal research or consultation as well as using copyrighted material as evidence in court proceedings.
- Teaching or educational purposes: Materials protected by intellectual property rights may be utilized in academic settings, such as classrooms, for teaching or educational purposes. As a result, it is legal to reproduce copyrighted works for educational purposes, such as giving out photocopies of books or using protected images in presentations.
It’s vital to remember that even under these fair dealing provisions, copyrighted content should only be used reasonably and only for the intended purpose. Additionally, the work’s authorship and source should be properly acknowledged. To fully comprehend the fair dealing rules and their unique limitations and conditions that apply to your situation, it is advised to examine the Indian Copyright Act or obtain legal counsel.[9]
PUBLIC PERFORMANCE EXCEPTION:
There is a special exception to the Indian Copyright Act that, under certain circumstances, permits public performances of works protected by copyright without the owner’s consent. This exception is referred to as the “public performance exception.” The Indian Copyright Act’s Section 52(1)(i) authorizes the public performance of works protected by copyright during religious or social rituals or in certain other circumstances, providing the performance is not done for financial gain. During religious or social gatherings, community festivals, or other comparable events, copyrighted music, plays, or other artistic works may be performed in public.
It’s crucial to remember that this exception has restrictions. The public display must be a component of a religious or social ceremony and cannot be done for profit. Furthermore, the performance must not materially harm the copyright owner’s interests. The copyright owner must be consulted if a specific performance falls outside the parameters of this exception. It’s crucial to refer to the Indian Copyright Act or get legal counsel to fully comprehend the public performance exception and any unique restrictions and requirements that might be relevant to your circumstance. To prevent violating the rights of copyright owners, it is essential to verify compliance with the relevant sections of copyright laws, which can be complicated.[10]
SUGGESTIONS
In situations where it’s important for the public interest, public health, or access to information, make exceptions that permit the use of copyrighted workshops. This could include rejections for sanctioned documents, court cases, and public interest studies. Make certain that brand laws contain immunity that make it easier for people with disabilities to pierce copyrighted accoutrements , allowing for formats like braille, large print, or accessible digital clones. Flash back that these guidelines are broad and that each country, including India, will have its own legal frame and policy considerations that will determine the precise exceptions and limitations to brand law. To choose the most suitable rejections for perpetration, policymakers or legal experts knowledgeable in Indian brand law must be consulted.
Case laws on freedom of speech and fair use exceptions
COSIM word.PVT. LTD. V GOOGLE INDIA PVT. LTD.( 2019)
The Madras High Court, in this case, ruled that any unauthorized use of a trademark must meet three conditions to be considered” normative fair use”, videlicet The product or service in question mustn’t be fluently honored without the use of the trademark. Only as important of the mark or marks as is fairly important to fete the product or service should be engaged in. The consumer mustn’t do anything that implies backing or countersign by the trademark proprietor while using the mark. Still, the defense of fair operation will be accepted, If only the forenamed conditions are met.[11]
HAVELLS V AMRITANSHU( 2015)
In this case, the Delhi High Court reached a verdict that for any announcement to be good as normative use under the fair use doctrine and Composition 19( freedom of speech and expression), the specific quality or rates of the product must be specified, which distinguish the product from that of its contender, and that the comparison must be accurate and true.[12].
CONCLUSION
From the foregoing, it’s clear that fair haggling is a pivotal and significant element of brand law. It’s also egregious that the idea of fair haggling isn’t well advanced or advanced in India, but with the help of colorful judicial rulings and emendations, the doctrine has established a strong foundation in our country’s brand laws, and it continues to develop and have its compass widened with each new ruling. The Doctrine is needed to achieve harmony or balance between the Author’s contending monopolistic interests and the general society’s creative objects. The Doctrine of Fair Dealing encourages creativity in society, which has resulted in a vast range of innovative and amazing achievements that couldn’t have been conceivable without its actuality. Therefore, to both promote and cover similar creative workshops, the Doctrine is pivotal and significant to both the development of creativity as well as the progress and globalization of brand law[13].’ Fair use’ and’ brand’ are two sides of the same coin, and they must attend. There’s a need to probe other sectors that concentrate on technological advancements. The new problem that has surfaced has to do with” memes,” which are popular on numerous social media platforms. The issue of” do they violate the brand or do they fall under the fair haggling doctrine” also comes up. The proposition of fair use is established on four main criteria:( a)” substantial use,( b) nature of the copyrighted work,( c) purpose and character of the use, and( d) liability of competition in the request”. The court can thus use these four rudiments to decide the case while addressing the forenamed issues. The same will differ from case to situation, therefore there are still numerous rudiments that need to be delved . As a result, the notion of” fair haggling” needs to be approached with a bit further latitude so that the monopolistic rights swung by brand protection don’t circumscribe the rights of others.
REFERENCES
• http://www.penacclaims.com/wp-content/uploads/2018/12/Latika-Choudhary.pdf
•https://heinonline.org/HOL/LandingPage?handle=hein.journals/juscrp2&div=79&id=&page
•https://thelawbrigade.com/wp-content/uploads/2019/06/Revant-Ranjan.pdf
•https://blog.ipleaders.in/fair-use-under-copyright-law/
•https://samistilegal.in/the-fair-dealing-exceptions-under-indian-copyright-laws-a-critical-apprisal/
•https://suranaandsurana.com/2022/09/02/doctrine-of-fair-dealing-in-indian-copyright-law/
NAME: KALPANA BISEN
COLLEGE NAME: ALLIANCE UNIVERSITY
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