THE ‘FAIR DEALING’ EXCEPTIONS UNDER INDIAN COPYRIGHT LAW: A CRITICAL APPRAISAL

Abstract

Fair dealing is an important concept in Indian copyright law. In the global context, the fair dealing doctrine has been a point of constant discussion for a long time now. However, the issue of fair dealing is one of the least explored areas of Intellectual Property Law in India. There is a need to delve into the original thought process behind the genesis of the concept and analysing it in the Indian scenario. The article attempts to explore its raison d’etre and the statutory and primarily the judicial treatment of the concept. It is found that the Indian courts have borrowed in spirit the factor analysis method in the assessment of fair dealing from the US and have also adopted a disciplined approach in dealing with this defence. There is no doubt that continuation of the ‘Fair Dealing’ concept with certain amendments to bring it in line with the ‘Fair Use’ doctrine is the best-possible discourse to adopt for India. However, as the role of fair dealing in the overall scheme of Indian copyright law regime remains to be defined there is an urgent need to address this issue by the Indian courts and legislature.