What are the exceptions for copyright protection?

[Ishita Ramani]

Introduction

Copyright protection is to make sure that the rights of artists, composers, authors, etc. are protected by rewarding them with exclusive rights over the work as per the Copyright Law. The copyright law has imposed some limitations and exceptions in order to maintain the balance between the authors & the interests of the public. Limitation & exceptions for copyright protection is to make sure that protected works may be utilized under specific conditions without the prior authorization of their owners. In this blog, we will discuss the limitations and exceptions for copyright protection.

What is copyright protection?

Copyright protection, also known as copyright infringement, in legal terms, refers to the use of works shielded by copyright laws. Copyright grants the original content creator with an exclusive ownership and distribution rights to their work, legally safeguarding their creative efforts. Many copyright holders extend the copyright of their significant works to retain control over their original content or copyright obtained from other artists.

What are the exceptions for copyright protection?

In India, exceptions to copyright protection are allowed under Section 52 of the Copyright Act, 1957, for actions that are not considered or are not deemed to be copyright infringements. To be eligible for these exceptions, certain conditions must be met when dealing with literary, musical, artistic, or theatrical works (excluding computer programs):

1. A criticism or review of a work.
2. Work that is used for both personal or academic research.
3. Reporting on current events in any print medium.
4. Recreating of a court proceeding or court report.
5. The use of any photographic media, a cinematographic movie, or a broadcast.
6. Printing or reprinting of a music, book, play, or other creative work in a document created by the legislature’s secretariat.
7. The majority of the publications in the collection are non-copyright works that are properly intended for schools and colleges.
8. A certified copy made or given in compliance with any current legislation, which is a recreation of any musical, literary, theatrical work.
9. The creation of sound with or without the consent of the owner for the right to use.
10. Recitation or public speaking of a respectable portion from a published work of fiction or drama.

What is the “Fair Dealing Doctrine”?

A legal concept known as “Fair Dealing” allows someone to make limited use of a work without the approval of the owner. The fairness of the trade is mostly determined by the four factors. The following are the factors:

• The purpose of the use.
• The nature of the work.
• The volume of work completed.
• The impact of the previous use on the original work.

There is a tiny difference between “fair dealing” and “infringement”. There is no defined limit on the number of words and paragraphs that can be used in India without the author’s permission. We can only state that the copied passage shouldn’t be in conflict with the author’s primary objectives. Therefore, fair dealing drastically restricts the specific rights of the owner of the copyright registration.

What are the limitations of owner’s exclusive rights?

If the defendant provides any proof of the following, the owner will not be eligible for the remedy:

1. He had no knowledge of or a reason to suspect that such work is protected by copyright law.
2. He didn’t have a solid reason to think that he was violating other people’s copyright.

What was decided at the Berne Convention?

In 1967, the Berne Convention introduced the three-step test in Article 9(2) to determine when the new right of recreation could not be applied.

1. The exclusive authority to provide permission for the reproduction of literary and artistic works covered by this convention must rest with their respective authors and shall not be delegated to any other party.

2. Legislation in the Union’s Member states will be responsible for allowing the reproduction of certain works in specific circumstances, if it does not conflict with the normal exploitation of work or unreasonably jeopardize the author’s legitimate interests.

3. To the extent that this convention is concerned, any audio or visual recording constitutes a reproduction.

Summary

A reasonable approach must be taken when making exceptions to the copyright protection. As a result, the owner’s creative right to defend the copyright owner is severely limited under Fair Dealing. The purpose of copyright exemptions is to promote innovation and growth that can be communicated and depicted in a variety of new ways, permitting people to work at various stages of creativity.