Fair Use Doctrine-Blatant Copying of University Books Not Permitted

Preface

Not all the uses of copyrighted work without the consent of the author, amount to infringement. On the considerations of public interest, certain uses with respect to the copyrighted works have been kept outside the purview of infringement. In legal parlance, these exceptions are known as ‘fair use exceptions’. Fair use exception is envisaged as a balance between the interests of the authors or owners of the copyright and the public at large. One such exception is contained in Section 52 (1)(h) of the Copyright Act, 1957 that runs as follows:

" The reproduction of a literary, dramatic, musical or artistic work—

1. by a teacher or a pupil in the course of instruction
2. as part of the questions to be answered in an examination; or