This document summarizes permitted or "fair" uses of copyrighted material under Indian and international law. It outlines statutory exceptions like fair use for research, criticism/review, reporting current events, and educational use. It also discusses concepts in UK law allowing disabled access and the four factors for evaluating fair use in US law. Finally, it provides examples of case laws related to fair use exceptions for research/private study and criticism/review.
2. Introduction
– The Copyright law allows people to make
some free uses of the copyright material.
– In India, the list of these free uses has been
laid down in the Copyright Act, 1957.
– This is Because the Act is to strike a balance
between the interests of the owner and the
society at large.
3. Statutory Exception (Permitted
Acts)
• Fair Use for Research and Private Study, Criticism or Review and Reporting
Current Events.
• Use of Copyright Material in the course of Education.
• Reproduction for use of Libraries.
• For Publication of any matter in Official Gazette, Acts of Legislatures,
Judgments of Courts.
• Performance of a work by Amateur Club or Society.
4. Fair Dealing in UK
– Some Different concept I Found in England Laws about fair dealing which is not
present in India.
– Use of Copyright work for Helping disabled people.
– It means that if anyone is using a copyrighted work for helping disabled people
than that work is not an infringement of Copyright work.
– For Example-
– Making braille, audio or large-print copies of books, newspapers or magazines for
visually-impaired people
– Adding audio-description to films or broadcasts for visually-impaired people
– Making sub-titled films or broadcasts for deaf or hard of hearing people
– Making accessible copies of books, newspapers or magazines for dyslexic people
5. Fair Use in USA
– Four factors in evaluating a question of fair use:
Purpose and
character of the
use, commercial
nature or is for
nonprofit
educational
purposes.
Nature of the
copyrighted
work
Amount and
substantiality of
the portion used
in relation to the
copyrighted work
as a whole
Effect of the use
upon the potential
market for or
value of the
copyrighted work
6. Case Laws Regarding Permitted
Acts
– For Research and Private Study:-
– Ashdown v. Telegraph Group Ltd.- [2001] 4 All ER 666.
– Blackwood and Sons Ltd. V. AN Parasuraman.- AIR 1959 Mad 410 .
– For Criticism or Review:-
– Hubbard v. Vosper.- [1972] 2 QB 84 (CA).
– Ramesh Chowdhury v. Mohamad Nawsheri.- AIR 1965 J&K 101.
– In the course of Education:-
– Syndicate of Press of University of Cambridge v. BD Bhandari. – (2005) 31
PTC 58 (del.)