"COPYRIGHT LIMITATIONS:

COMPARATIVE ANALYSIS OF POSITIONS

IN INDIA AND US"

SANDESH NIRANJAN
Roll No. 115
Fair dealing performs integral function in

copyright system.

Fair use

Fair dealing

Fair use vis-a-vis Fair dealing

DU photocopy case

Conclusion
 Fair dealing
Sec.52(1)(a), Copyright Act, 1957 provides -
(1) The following acts shall not constitute an
infringement of copyright, namely:
(a) a fair dealing with any work, not being a computer
programme, for the purposes of-
(i) private or personal use, including research;
(ii) criticism or review, whether of that work or of any
other work;
(iii) the reporting of current events and current affairs,
including the reporting of a lecture delivered in public.
 Fair use
Sec. 107, U.S. Copyright Act, 1976 provides four factor test :
the purpose and character of use
commercial, non-profit educational, transformative
C.M&S University of Oxford v Narendera Publishing House
nature of coyrighted work
published/unpublished, creative/factual
R.G. Anand v. Delux Films
amount and substantiality of the portion used
quality and quantity
S.K. Dutt v. Law Book Co
the effect of the use upon the potential market
substitute of work
ESPN Stars Sports v Global Broadcast News Ltd and Ors,
 DU Photocopy Case
general principle of fair use
rejected fair use of US
provided- extend justified by purpose
Art. 10.2 Berne Convention
fair dealing restricted to sec.52(1)(a)
no express mention
general principles of fair use
if not, more burden on defendant
sec.52 be interpreted independent and expansively
wider application than sec.14
not proviso to sec. 51
 CONCLUSION
purpose of use- vague concept
learning is subjective
publishers interest were hampered