6. Authorized reproduction of articles in the print media – The question of copyright in articles for which the author does not reserve the right of reproduction arose in the case of The Periyar Self Respect against Periyar Dravidar Kazhagam. The court ruled that if the author did not reserve the right of reproduction, no copyright belongs to anyone and the reproduction of such articles would constitute an infringement. Fair trade is allowed for private use, also for the purposes of Research25 or Kritik26 or Rezension27. Such a provision on „fair use“ also extends to the reproduction of literary, dramatic, musical or artistic works for the purpose of reporting on current events in a newspaper, magazine or similar magazine28 or by broadcast29 or in a cinematographic film or by means of photographs30 or by using excerpts from a performance or broadcast in the context of news reports or for the purposes of Good Faith Review; Teaching or research.31 In addition, a 1994 amendment added that making copies or adapting a computer program by the rightful owner for which it was provided, or as a means of offering temporarily against loss, destruction or damage to the program. In comparison, in accordance with UK copyright laws, India has adopted the concept of a comprehensive list of specific „fair dealing“ circumstances in recent years. Section 52 of the Indian Copyright Act contains a list of circumstances in which a work may be reproduced and the work may be considered fair use. It is a clearly defined legal framework that covers cases of research, commentary, reporting, teaching, etc. and to what extent they are considered fair use. 14 17 USC Section 107 (2000). In addition to fair use, sections 108 to 122 of the Act impose additional restrictions on the exclusive rights of the author. 19 The Fair Dealing in Fair Use of Copyright Act is available from www.bitlaw.com/copyright/fair_use.html.
There has always been a thin line between counterfeiting and fair trade. Section 52 of the Copyright Act 1957 does not permit the reproduction of the entire work. However, such substantial reproduction and the reproduction of the entire work would constitute an infringement; One of the biggest shortcomings of India`s copyright law is that it does not define what is an essential or insignificant part of the copyrighted work. According to the legal interpretation of the provision, it is clear to everyone that only the insignificant part of the original copyrighted work falls within the scope of fair commercial transactions. Whether a work is fair trade is a qualitative question that varies from case to case. The meaning of the term „fair dealing“ depends on various facts and circumstances. In India, the Court uses common sense to be able to decide on a case-by-case basis what can be considered fair dealing. Fair treatment is an important limitation of the exclusive right of the copyright owner. It has been interpreted by the courts on several occasions by assessing the economic impact it has on the copyright owner.
If the economic impact is not significant, the use may constitute fair trade. Fair trade depends on the following four factors: Fair use is a doctrine often mentioned in copyright laws. It was first detected in Folsom v. Marsh. In this case, it was found that – The legal framework for fair trade in India follows the common law and, as mentioned earlier, does not define fair dealing per se. The legislation on fair commercial transactions provides that: (1) Quotations from a work which has already been lawfully made available to the public may be made available to the public, provided that their production is compatible with normal practice and that their scope does not exceed the scope justified by the subject-matter, including quotations from newspaper and magazine articles in the form of press summaries. The term „fair use“ is inherent in the United States; A similar principle, fair dealing, exists in other common law jurisdictions such as the United Kingdom. and India.20 Until the fair use doctrine was codified in the 1976 Act, fair use was a law created by judges21 designed to preserve the constitutionality of copyright law by protecting First Amendment values.22 Thus, the doctrine of fair use has evolved into a principle of American justice over the years. This doctrine has now been codified in Section 107 of the Copyright Act and described as „the most problematic of all copyright law“.23 This is a law enacted by the judge that is codified in Section 10724 of the United States Code.
3. The quantity and substantial part of the work used from the copyrighted material is not a „license“, but has the nature of a privilege that allows the person defending himself against an action for infringement to escape the clutches of copyright. As Crews18 points out, the doctrine of fair use helps to prevent copyright, which Lord Denning considered a matter of degree in Hubbard v. Vosper. He said: „Another point of divergence is the availability of legal advice on how the fairness of a trade or use should be assessed. Since there are generally no legal definitions or rules in fair trade provisions that specify how fairness is to be determined, the appropriate approach to assessing the fairness of the actual treatment of protected works rests with the courts. In Canadian Ltd. v.
The Law Society of Upper Canada, the Supreme Court of Canada has established a two-step analytical framework for assessing fair trade, in which six fairness factors are identified in the second stage. The court said the extent to which factors are relevant may vary from case to case, noting that some cases may require consideration of factors beyond the six factors identified in the context. Within the legal framework of the Indian regime, section 52 of the Copyright Act 1957 establishes certain acts or works that cannot be considered an infringement of copyright, namely the fair treatment of a literary, dramatic, musical or artistic work that is not a computer program for the following purposes: The fact that a work is not published does not preclude the determination of fair use, if this determination is made taking into account all the above factors. Established Indian law currently has a fair dealing doctrine that is a combination of the objective (Article 52) and the subjective (the criteria established by the court in the case of grey area exceptions). Our country has been able to create legitimate reasons because this whole concept of recognition of this concept of fair trade aims to promote creativity and growth, which can be expressed in different ways to encourage people to create new content taking into account copyrighted material.
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