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Fair Use-Ananya Kshatriya

The document discusses copyright as a form of intellectual property that protects original works, detailing the concept of fair use which allows limited use of copyrighted material without infringement under specific conditions. It outlines what constitutes fair use, including educational purposes, criticism, and commentary, while also specifying actions that are not permitted, such as commercial use and large-scale reproduction. Additionally, it references case laws that have shaped the understanding of fair use in various contexts.

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11 views10 pages

Fair Use-Ananya Kshatriya

The document discusses copyright as a form of intellectual property that protects original works, detailing the concept of fair use which allows limited use of copyrighted material without infringement under specific conditions. It outlines what constitutes fair use, including educational purposes, criticism, and commentary, while also specifying actions that are not permitted, such as commercial use and large-scale reproduction. Additionally, it references case laws that have shaped the understanding of fair use in various contexts.

Uploaded by

ananyakshatriya7
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FAIR USE- COPYRIGHT

B Y - A N A N Y A K S H A T R I Y A

Page | 01
What is copyright ?

01
Copyright is a branch of Intellectual propert that
provides the author the protection for an original time
period. The rights have been first protected since the
statute of Anne from 1980, followed by the 1886 Berne
c

02
Under Section 52 of the copyright Act,1957, there
are a few exceptions to using the original work
without attaining an infringement. These are in
the forms of fair use , educational purposes and
others to be discovered in the following slides.
GENERAL UTILITY OF COPYRIGHT

01 Usage for Welfare of 02 General


Public exceptions that
are outside the
ambit of
protection

03 Usage by an 04 Doctrine of Fair


already obtained Use.
Licence from the
original owner
FAIR USE

The Doctrine of fair use permits the


usage of any copyrighted material under
the time bounded limitations.

The ambit of fair use is only


limited to

Small or limited work


No commercial purposes
It is already published.
FAIR USE

The usage is in form of a review


or critisism or commentary and
any another non -form of
infringement .
Quotations or part of of the art
used as a reference not
hindering the originality Of the
work
Section 52)1), in detail deals with
fair use mentioni the correct form of
fair use and incorrect ones as well
FAIR USE- ALLOWED

Educational Purposes- Teaching,research,scholarship etc.


01

Criticism,commentary and Newsreporting


02

Parodies or transformative use, with due permission and few


03 copies made outside the potential market of the copyrighted work.

Small quantity or appropriate amount used for productions


04
FAIR USE- NOT PERMITTED

Commercial purposes of the copyrighted material with the ILL


01 intention of benefitting from it.

Denying the credits to the original creator


02

Entertainment purposes, or a highly creative work may it be


03 Unpublished,

Utilising large portions of the work or the main essence of the


04 work.

05 The copy work can directly affect the sales of the copyrighted Work .
FAIR USE- NOT PERMITTED

Ability of the copied work to immobilise the market


01

There are other available licences of the work available


02

There are affordable permissions already to Avail.


03

There are various copies already made of the desired work.


04

05 A repeated or long tee usage or a available on web forum


CASE LAWS

The Chancellor, Masters and Scholars of the


India TV Independent News Services Pvt.. Vs Civic Chandran vs Ammini Folsom vs Marsh University of Oxford v Rameshwari Photocopy
Yashraj Films Pvt. Amma Services (CS (OS) 2439/2012, I.As. No.
14632/2012)

India TV broadcasted clips of movie scenes This landmark case declared that a parody This case generated that creating
in the purpose of documenting the lives of does not constitute as an infrigement and First established case of “fair use” in the photocopies of books which were earlier
singers performing their own songs. The made a test to verify the : U.S after which the determination of basis prescribed in the syllabus as a
case went on for years, and the Delhi high quantum and value of ,atter of copyright was made, recommendation does not constitute
court declared strict use of licensing for purpose towards infringement as it is for educative
commercial purposes. likelihood purposes.
Thank You

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