Professional Documents
Culture Documents
However, the authors exclusive rights are subject to certain exceptions and limitations.
These exceptions and limitations enable users of protected works, under certain circumstances, to
use those works without the authors authorization. The best example of such use is, of course,
private research and study - a user may copy a work for purposes of private research or study,
provided the user does not copy a substantial part of the work. So, an exception effectively
creates a defence to an action for copyright infringement. After a steady process of determination
from time to time, has evolved a prominent and qualified defence of Fair Dealing where the
users defend themselves in a copyright infringement suit.
This paper shall deal with the issues pertaining to the fair dealing in academic purposes
i.e., whether photocopying for academic purposes or research will be entitled for protection
under fair use. The legal positions in various countries shall be dealt followed by an analysis of
Indian scenario in the light of Delhi High Court judgment1 to suggest reforms to the Indian
Copyright Law
1
Super Cassette Industries Ltd. v. Hamar Television Network Pvt. Ltd, 2011 (45) PTC 70 (Del).