Deciphering The Doctrine Of Fair Dealing In The Indian Copyright Context

INTRODUCTION

If we may imagine a scenario, wherein, 'A', the creator of a song, puts out the same on a social media platform, attracting a lot of media attention and public approval. 'A' further cashes upon the same song which he so arduously composed and later produced.

'B', a smaller content creator, takes a 1 minute clip out of that song and places it in the background of an animated clip from a popular cartoon episode. 'B' then goes on to post the same clip on the same social media platform and monetizes the views and likes the clips gets, and nowhere in the process stops to first acquire the consent of 'A', the creator of the song that boosted the circulation of said animated clip. On the other hand, 'C', a music theory teacher, in his classroom, uses a 1 minute clip from the same song in a lecture to teach his students about the intricacies of musical notes and such, without the consent of 'A'- the original creator of the song.