What are the key considerations and tests for determining fair use doctrine under copyright law? Explain with examples.
Answer:-
FAIR USE DOCTRINE
- As per the rule of law, Copyrighted materials cannot be used by anybody without the proper consent of the legal owners (of the Copyright).
- However, limited use of Copyrighted materials for teaching and research purposes is legally permitted, under the “Fair Use Doctrine”, which comprises of the four-part test:
- The character of the use – use of the work is purely educational, non-profit and personal.
- Nature of the work – The use of work is factual in nature and not imaginative
- Amount of the portion to be used – permission is not needed if only a small portion of Copyright protected material is to be used. However, this parameter is debatable now.
- Impact of use on the value of the Copyrighted material – If a small portion of the work is copied and is not affecting the authors economic and moral rights, it will be excused from the infringement.
- Detailed information on the examples of the Fair Use Doctrine can be accessed from the official website (http://copyright.gov.in/ exceptions.aspx). A few examples are listed below:
- Quotation mentioned in the Copyrighted work.
- Reporting of current events in the media, such as newspapers, magazines or radios/television.
- Reproduction of the work by teachers or scientific researchers.
- Use of any work prepared by the Secretariat of a Legislature.