E.B. Harish v. Union of India (2011)

I strongly disagree with this SC judgment. E.B. Harish, an Indian author, had his work copied and published by a newspaper, citing the 'fair use' exception under the Copyright Act, 1957. The SC upheld this argument, stating that the author had not taken reasonable care to protect his work and that 'fair use' is a subjective concept.

This ruling is problematic because it undermines authorship rights and creates ambiguity in copyright law. If an author fails to take reasonable measures to protect their work, they are now at the mercy of others who may choose to exploit it. This sets a concerning precedent for creators and inventors who rely on exclusive rights to their intellectual property.