Fair Dealing Exceptions.
Fair Dealing in India is analogous to Fair Use in the US but is more narrowly defined. It allows the use of copyrighted works without the author’s permission under certain conditions, primarily for educational, research, criticism, review, reporting, and judicial purposes.
Legal Basis
Section 52 of the Copyright Act, 1957 lists exceptions where copying does not constitute infringement.
Key provisions:
Section 52(1)(a): Fair dealing for private or personal use, including research.
Section 52(1)(b): Use for criticism, review, or reporting current events.
Section 52(1)(i): Reproduction for instructional purposes by teachers or students.
Section 52(1)(h): Use of works for judicial proceedings.
Conditions for Fair Dealing
The purpose must be non-commercial or limited to research/education.
The amount used should be reasonable or necessary for the purpose.
It should not substitute for the original work, harming the market value.
Detailed Case Laws on Fair Dealing
1. R.G. Anand vs. Deluxe Films (1978, Supreme Court of India)
Facts: Anand, a playwright, alleged that the film “Nishant” copied his play.
Issue: Whether the film infringed the copyright of the play.
Observation:
Court distinguished idea vs. expression: only copying of expression is infringement, not ideas or themes.
Use of general ideas or plots in films can fall under fair dealing for research or criticism.
Significance:
Established idea-expression dichotomy, foundational in fair dealing analysis.
2. University of Delhi vs. Kamal Singh (2001)
Facts: Professor Kamal Singh accused the University of reproducing parts of his research work in course material.
Issue: Whether copying for educational purposes constitutes infringement.
Observation:
Court held that limited reproduction for instruction falls under Section 52(1)(i).
Must not replace the original work in the market.
Significance:
Clarified fair dealing for educational purposes, a key exception under Indian law.
3. Eastern Book Company & Ors vs. D.B. Modak & Ors (2008, Supreme Court)
Facts: Question of reproducing judicial decisions in books and online databases.
Issue: Can judgments, though copyrighted by publishers, be reproduced for research or reporting?
Observation:
Court held that fair dealing for judicial proceedings or research is permissible under Section 52(1)(h).
Emphasized public access to law is paramount.
Significance:
Strong precedent for reproduction of legal content under fair dealing.
4. University of Oxford Press vs. Rameshwari Photocopy Services (2016, Delhi High Court)
Facts: Publishers sued a photocopy shop reproducing textbook chapters for students.
Issue: Whether reproduction of textbook excerpts for educational use is infringement.
Observation:
Court held that photocopying limited portions for classroom study qualifies as fair dealing under Section 52(1)(i).
Emphasized students’ right to education and non-commercial purpose.
Significance:
Landmark case balancing copyright and educational access.
5. Super Cassettes Industries Ltd. vs. Entertainment Network India Ltd. (2006)
Facts: Radio station played songs without permission.
Issue: Whether playing music for reporting news or criticism qualifies as fair dealing.
Observation:
Court held that commercial broadcast without license does not fall under fair dealing, even if for reporting.
Significance:
Limits fair dealing in commercial contexts, reinforcing purpose-based analysis.
6. The Chancellor, Masters & Scholars of the University of Oxford vs. Rameshwari Photocopy Services (CLARIFICATION)
Facts: Detailed analysis of reproduction for teaching in universities.
Observation:
Court stated that reproduction by educational institutions for internal course packs is protected under fair dealing.
Reaffirmed that commercial exploitation is not protected.
Significance:
Strengthened educational fair dealing in India.
Principles Derived from Case Laws
Purpose-Based Test: Fair dealing applies only for research, education, criticism, review, or reporting.
Amount and Substantiality: Limited copying is allowed; entire works cannot be copied.
Non-Commercial Use: Use must not substitute the original work or harm its market.
Idea vs. Expression: Ideas, themes, or plots can be used; only expression is protected.
Educational Use Exception: Copies for classroom teaching, course packs, or study materials are generally protected.
Judicial and Research Use: Reproduction of law reports or judgments is permissible for research and legal purposes.
✅ Conclusion:
Fair dealing in India provides specific, purpose-bound exceptions to copyright infringement. Courts consistently emphasize the purpose, amount, and effect on the market in determining whether an act qualifies as fair dealing. Educational, research, criticism, and judicial purposes receive strong protection, while commercial exploitation is generally outside fair dealing.
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