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ARTICLE · 22 FEBRUARY 2022

Fair Dealing : A Balancing Beam Between Exclusivity And Public Interest

The law of copyright focuses on protecting a creator's rights in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings.

IndiaIntellectual Property

The law of copyright focuses on protecting a creator's rights in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. It also confers rights on the copyright holder against unauthorised reproduction, communication to the public, adaptation and translation of his/her work. Such protection, however, is not absolute, but comes with certain confines keeping in mind the larger public interest. One such limitation to ownership in a copyrighted work is carved by the Doctrine of "Fair Dealing".

While the term "fair dealing" finds mention in the Copyright Act, 1957 ("Act"), which is the law governing copyright in India, it has not been defined by the legislature, often leading to disputes concerning the ambit of this term. While dealing with exceptions to copyright infringement, the Act refers to the term "fair dealing" to exempt certain acts from the ambit of copyright infringement. These include use of copyrighted works for the

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