It’s natural to feel some anxiety when someone copies your copyrighted content, but you can protect yourself and make sure your rights are respected.
How Does Copyright Law Define Fair Use?
You should ask whether your use of copyrighted material is fair before using it. In determining whether a use is fair, courts can consider four factors:
* Use purpose and character;
* Copyrighted work’s nature;
* Measurement of the portion used in comparison with the entire copyrighted work
* A copyrighted work’s potential market or value is affected by its use
Fair use is not a specific doctrine in India. In his 2008 decision in Mithun v. HCL Technologies Ltd, Indian judge K J Thomas outlined four key tests. Copyright protection was applied to software code copied from open source code licensed under GPL by Thomas.
How Do I Determine Who Is Permissible to Use Copyright?
Different rulings have resulted in conflicting opinions on fair use in India and the United States for years. An agreement to use copyrighted material in a fair way without the consent of the copyright holder is called a fair use copyright disclaimer.
A wide range of situations have been addressed by the concept. Most often, however, it is used for commentary, news reporting, teaching, research, or criticism of copyrighted material.
As copyright holders seek to protect their works from unauthorised use, fair use has come under fire in recent years. Can fair use be viewed more favorably by courts in the future?
Intellectual Property Protection and Fair Use
Patents, trademarks, trade secrets and other types of intellectual property may be protected by copyright, patents, trademarks, or trade secrets. There is often a concentration of this protection within the works themselves. The federal government may also require the disclosure of copyright notices, licensing agreements, or registration certificates at the time an original work is released. Even if all uses are second-to-none, copying its features without authorisation can constitute intellectual property infringement. As well as protecting the work as it appears today, copyright protection is often granted to potential future uses of the art media. There have been some cases in which fair use provisions have been placed on the uses of intellectual property rights.
History of Fair Use in India and the U.S.
In India, fair use of French expressions dates back to the 17th century, when English writers began using them without their original authors’ permission. At worst, this parasitic use of others’ intellectual property was seen as inevitable. In later years, the ease with which unauthorised quotations could be used for criticism, satire, news reporting, and even commercial advantage fed the flames of fair use debates and paved the way for more protection against unauthorised copying.
Click here for registration of copyright.
This sentiment was echoed by the Indian Supreme Court in 1992.
“Besides preserving individual creativity, copyright is intended to advance science and art. If works are available indiscriminately and without payment to those who wish to use them, the second goal cannot be achieved.”
It is often a subjective matter to determine whether the use of another person’s copyrighted material is fair use (by weighing the potential harm done against the potential benefit to society). In spite of this, the law on this issue has remained relatively consistent over the years.
When the Copyright Act was passed, how was Fair Use covered?
There is no definition of fair use in the US Copyright Act of 1976, which leaves the issue up to individual interpretation. The US Second Circuit Court of Appeals ruled in 1978 in the case of Campbell v. Acuff-Rose Music that even though the Copyright Act did not contain a fair use provision, obtaining permission from the copyright holder was still an acceptable basis for using copyrighted material. Fair Use doctrine is still interpreted by courts today based on this ruling. The Indian Copyright Act contains a similar doctrine known as Section 107. Copyrighted material may be used fairly and substantially for commentary, criticism, news reporting, teaching, and research under sections 107 and 109 of the Indian Copyright Act. Individuals must apply these provisions in specific situations, even though these provisions provide some guidance.
For decades, fair use has been a cornerstone of free speech in the US. To enhance the public’s understanding of copyrighted materials, it allows for limited use of copyrighted materials, such as commentary, criticism, and reporting. There is a lack of understanding and protection for fair use in India, however. Individuals and businesses that rely on fair use to do their jobs freely and without fear of legal repercussions may suffer severe consequences as a result of this lack of understanding. There is still a long way to go in the battle between copyright owners and those seeking to protect free speech. However, assuming that it will be settled soon would be a mistake.