This article analyses the judgement of a High Court in India regarding applicability of “fair dealing” and “fair use” doctrine in the context of education exception clause in India.
Author
Vaibhav Chadha, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The article focuses on education exception clause in the Copyright law in India and compares it with those of the United States (US) and the United Kingdom (UK). The article also evaluates the doctrine of “Fair dealing” in the UK and “fair use” in the US.
US has non statutory guidelines for application of doctrine of “fair use” and the UK has some statutory limitations, however, India does not have similar provisions contemplated in the Indian Copyright Act 1957, which leads to ambiguity.
This article analyses the judgement of a High Court in India regarding applicability of “fair dealing” and “fair use” doctrine in the context of education exception clause in India and aims to address the ambiguity in the Indian Copyright Act 1957 due to the education exception clause so that both the interests of students and authors can be protected.
Published in: NTUT Journal of Intellectual Property Law and Management
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