What constitutes fair dealing of works? Discuss the principles applied by the courts in determining fair dealing of works.”
QUESTION 5 “What constitutes fair dealing of works? Discuss the principles applied by the courts in determining fair dealing of works.” ⟡ INTRODUCTION Fair dealing is a major limitation on copyright. While copyright protects authors’ rights, fair dealing ensures that public interest, education, research, criticism, reporting, and private use remain unrestricted. Under the Copyright Act, Sections 52(1)(a)–(zb) list various acts that are not infringement . These are called fair dealing provisions . Fair dealing balances: Public interest Freedom of speech Knowledge sharing Author’s rights ⟡ MEANING OF FAIR DEALING Fair dealing means permitted use of copyrighted works without the author’s permission for specific purposes , provided the use is fair , reasonable , and not harmful to the author’s economic rights . In India, fair dealing is purpose-based , not open-ended. ⟡ PURPOSES RECOGNISED AS FAIR DEALING (Section 52) 1. Private or personal use (including research...