INDIA’S FAIR USE EXCEPTION: WHERE DID IT GO WRONG?
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Abstract
John Locke, one of the world’s best philosophers, in his Labour theory propounded that an individual shall have the right to control the fruits of his labour. One of the justification of Copyright law stems from this Lockean theory. An artistic, literary or musical work is the brainchild of its author, the fruit of his labour, and so, considered to be his property. So highly is it priced by all civilized nations that it is thought worthy of protection by national laws and international conventions relating to copyright. However in order to be copyrightable, the work must emanate from the author, the work must be in a tangible medium (i.e. not temporary) and there must be human authorship.
Copyright is defined as the exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work. The Indian Copyright Act, 1957 defines copyright exhaustively as the exclusive right to do or authorize others to do certain acts in relation to:
- Literary, dramatic or musical works, not being a computer programme,
- Computer programme,
- Artistic work,
- Cinematograph film and
- Sound recording.
Thus it is only the author’s right to do those acts enshrined under Section 14 but it is albeit subject to the other provisions of the Act. If any of these acts relating to the work is carried out by a person other than the owner without a license from the owner or a competent authority under the Act, it constitutes infringement of copyright in the work. Section 51 defines infringement of copyright generally. However there are certain exceptions to such infringement of copyright.
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