Doctrine of Fairuse

A defence of fair use/dealing is similar to privilege in Tort Law.

It is a defence of using the Copyright.

It includes usage in:

1) private use including Research

2) criticism or review
3) reporting of current events
4) broadcast of cinematograph film

Sec 52 of the Copyright Act provides for fair use.

Sec 52 analysed

1) Fair use
2) Educational use
3) Media reporting
4) use of state produced materials
5) making of records of literary, dramatic or musical works
6) performance of such works
7) use by public libraries
8) use of engraving
9) Cinematography
10) uses relating to artistic work

This is as per exceptions provided in section 52 and can be used generally for public
purposes.

Sec 107 of us copyright Act, 1976 deals with doctrine of ‘Fair use’.
.

Use for Criticism,

Comments,
news reporting,
teaching
Scholarship or
Research – is not an infringement of copyright.

Following factors to be considered:-

1) The purpose & Character of use whether it is for Commercial or not for profit
educational purposes.

2) The nature of copyrighted work

3) The amount and substantiality of the portion used in relation to copyrighted

work

4) The effect of the use upon potential market.

Similar provision is Sec 6 & 10 of Copyright Act, 1957 – UK.

Special exceptions to libraries and archives:-

1) If a librarian supply a copy of an article contained is a periodical

publication there is now infringement.

The libraries apply regulations of Board of Trade:-

Conditions of Board of Trade:-

1) Libraries shall not be conducted for profit

2) To satisfy the librarian that it is for research or private study
and will not use them for any other purpose.
3) No person shall be furnished with not more than 2 copies of the
same article.
4) that no copy extends to more than me article contained in any
one publication
5) The persons to whom Copies are supplied shall pay the costs
there of.
- and may impose such other terms.
Librarian should have the details of name, and address of such persons to
whom the copy is issued.

These Provisions shall not apply is an Article contained in a

periodical publication.