Fair Use in Copyright Law - Aamchi Masterosha

ipr bar_exam beginner analogy_post

You know those street vendors near the railway station who sell their own version of Juhu Beach's favorite chaat? They use their own twist, own recipe, own presentation, yet it's so similar to the original that you can't help but think, 'Yaar, isse to lagta hai chaat hai.' That's kind of like fair use - when someone uses an original work, say a song, in their own, but doesn't take ownership of it. They've got the flavor, but not the original recipe. The Indian courts have used the concept of 'fair dealing' to explain this. For instance, in the case of Shapoorji Pallonji Mistry vs. The Indian Performing Right Society (IPRS) Ltd. (2019), the court said that fair dealing includes criticism, review, news reporting, and private or personal use.

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Mohit ยท Judiciary Aspirant

Fair use hai ek concept jo copyright law mein aata hai, lekin yeh bahut vague hai. Section 52 of Copyright Act, 1957 ko dekhein, isme kai exceptions di gayi hain jaise criticism, review, news reporting, journalism, private and personal use, research, etc. Yeh exceptions ka matlab yeh hai ki copyright law ka application nhi karna chahiye, lekin yeh court ko judge karne k liye chahiye.