Exceptions to Copyright Infringement
1. Private or Personal Use: Section 52 of the Copyright Act of 1957 introduces the concept of fair dealing, allowing individuals to engage in fair dealing with any work (excluding computer programs) for personal use, including research. This provision recognizes the importance of individual access to and use of copyrighted material within the bounds of personal consumption.
2. Criticism or Review: Fair dealing under Section 52 extends to the realm of criticism or review, permitting individuals to engage with a work to provide critiques or reviews. This exception acknowledges the vital role of commentary and evaluation in the intellectual discourse surrounding creative works.
3. Reporting of Current Events: Section 52 recognizes the significance of the media and journalism by allowing fair dealing with a work for reporting current events and affairs, encompassing activities such as news reporting and coverage of public lectures. This exception ensures that the dissemination of information remains unimpeded.
4. Educational Purposes: Fair dealing is expressly granted for educational purposes under Section 52, allowing the use of copyrighted works in the context of teaching and instruction. This provision facilitates the dissemination of knowledge within educational institutions while maintaining a balance between the rights of copyright owners and the needs of the academic community.
Copyright Act, 1957 : Meaning, Features, Remedies and FAQs
The Copyright Act, 1957 established the legal framework for safeguarding original literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings in India. The legislation imposes penalties for unauthorized reproduction, distribution, performance, display, or communication of these works and allows for fair dealing exceptions, such as criticism, commentary, news reporting, teaching, research, and private study. Additionally, it permits certain forms of derivative works, like translations, abridgments, and adaptations, fostering intellectual property growth in India and encouraging creativity and innovation. Aligned with major international treaties, including the Universal Copyright Convention, Rome Convention, Berne Convention, and TRIPS Agreement, this landmark legislation remains the cornerstone of India’s modern copyright system, ensuring proper recognition and compensation for creators.
Geeky Takeaways:
- The Copyright Act 1957 protects original dramatic, musical, literary, and artistic works, specifically sound recordings and cinematographic films, in India.
- The Act permits various forms of derivative works, such as translations, abridgments, and adaptations, contributing to the growth of intellectual property in India and fostering creativity and innovation.
- It incorporates fair dealing exceptions, allowing activities like criticism, commentary, news reporting, teaching, research, and private study without infringing on copyright.
- The legislation enforces penalties for unauthorized activities such as reproduction, distribution, performance, display, or communication of these protected works.
Table of Content
- What is Copyright?
- Salient Features of the Copyright Act, 1957
- Subject Matter of Copyright
- Rights of the Copyright Holder
- What are Infringement Remedies under Copyright Act, 1957?
- Exceptions to Copyright Infringement
- Conclusion
- Copyright Act, 1957- FAQs