NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW

RANCHI

TOPIC- ANALYSIS OF EXCEPTION WITH RESPECT TO COPYRIGHT

INFRINGEMENT: A COMPARATIVE STUDY

SUBMITTED BY:- SUBMITTED TO:-

SHIVAM GUPTA DR. SREENIVASA MURTHY
SEMESTER- VI –A ASSOCIATE PROFESSOR
ROLL NO.- 889 INTELLECTUAL PROPERTY RIGHTS

TABLE OF CONTENT

INTRODUCTION 3
1|Page
 REVIEW OF LITERATURE 4
RESEARCH OBJECTIVE 5
RESEARCH QUESTION 5
SCHEME OF STUDY 5
HYPOTHESIS 6
SCOPE OF STUDY 6
RESEARCH METHODOLOGY 6
LIMITATION OF STUDY 7

INTRODUCTION
Copyright is a set of exclusive rights granted by Governments that curtail the usage of a
particular idea and how the same is expressed. Copyright never arises by virtue of an idea but
in the manner in which the aforesaid idea is expressed, the form of material expression. The
right of Copyright protection is granted for a specific time period, subject to exceptions.

2|Page
Copyright laws are set of simple, detailed yet highly complex pieces of legislation, whose
interpretation cannot be done through a straight jacket formula.

Each case presents its own unique facts and circumstances and accordingly, merits a new
analysis of the violation or not. Come what may, the governing principle not just in common
law countries, but in other countries as well is always the betterment of the society. Indian
copyright jurisprudence has evolved over the year, however, the fundamental goal is not lost
and should not be lost.

Amongst analysis of various copyright provisions one which will be also dealt with by the
authors will be the difference between, as to what constitutes Fair use and fair dealing.
Authors at the beginning will provide an overview of the Indian Copyright Act, covering in
the process few key provisions and the landmark judgements by the Hon’ble Courts such as
the Modak Case.

The recent Youtube copyright menace is also discussed briefly, to study the growing nuances
of the Copyright Regime Further, the aim is to study the set of guidelines laid down by
different legislations of countries like the United States and United Kingdom vis-a-vis the
Indian Context. The authors would further disseminate this broad concept into the limb of
exceptions to the general rules of copyright infringement, that of ‘Specific Exemption’, as
provided for by these three countries and study the similarities and variations of the
respective aspects. A few of these are discussed hereunder:

A host of ‘Specific exemptions,’ have also been provided for by the legislatures of these three
countries. To enumerate a few, the law in the United Kingdom entails the concept of
Reproduction for the blind and disabled. Specifically carved out provisions in the US law are
inclusive of, Sound-alike recordings and etc. Indian Law covers in the ambit of exceptions a
host of works like, media recording and works of architecture to name a few.

Lastly the authors would study as to how the jurisprudence with respect to copyright law has
evolved over time in different countries, with an attempt to strike a balance between two8
necessities, one being right of copyright owner and fair usage for the betterment of the
society at large.

LITERATURE REVIEW

Chapdelaine, Pascale. (2017). Users of works protected by copyright (books, musical

recordings, films, video games, computer programs) have rights to those works through

3|Page
various means: the personal property in a copy of a copyright work they buy, a license or
services contract, or generally through the effect of copyright law (e.g., exceptions to
copyright infringement such as fair dealing or fair use). That much should be hardly
controversial. What is more controversial to some or at best uncertain to others, is the scope
of those user rights including what is traditionally referred to as exceptions to copyright
infringement. This is due in great part to copyright law having been predominantly centered
on the exclusive rights of authors and copyright holders. It is also due to the complex
interaction between personal property, contract and copyright law and to diverging opinions
about the purpose of copyright law, vis-à-vis creators, the ones who access and use their
creations, and more generally with respect to the public interest.

N M, Anjaneya Reddy and Aswathi, Lalitha (2016). Copyright is a branch of Intellectual

Property Rights and an exclusive legal right given by the judiciary to the creator on his
creation. As a creator (he/she/group) has rights to enjoy financial and other benefits
associated as per the law over the creation. Violation of copyright law would lead to several
judiciary consequences. On the other hand law permits libraries to use copyrighted material
for research and academic purpose without any permission from the copyright holder.
Further, any violation or an infringement of fair use of library resources is punishable under
copyright act. Here an attempt has been made to understand copyright issues in relation to
library resources, also highlight protection, infringement, fair dealings, and limitations under
the Indian copyright act 1957. Besides, pointing out on the roles and responsibilities of
librarians with regard to copyright laws.

Chapdelaine, Pascale (2014) In contemporary copyright law, there is an ongoing debate

around the nature and scope of the rights users should have to copyright works, exacerbated
by ongoing technological developments. Within that debate, this article queries the value of
looking at the remedies users may have against copyright holders restricting their legitimate
uses of works, as a means to further elucidate the nature and scope of user rights. While there
is some value in looking at remedies to situate copyright user rights, an access to justice
perspective to rights and remedies suggests that such approach may be too limiting with
respect to the position of potential claimants in a legal system. On that basis, this paper
identifies structural deficiencies of copyright user rights and proposes an analytical
framework towards achieving greater “justice for users” both in the realm of public law and
private law.

4|Page
 RESEARCH OBJECTIVES

To study the laws in respects of Copyright Infringement

To study the difference among laws of Copyright Infringement in different three
countries (India, USA and UK) and their distinction.
To study about exception like fair dealing and fair use doctrine.
To explore guideline laid down by the judiciary in developing precedents.

RESEARCH QUESTIONS

Concept of Fair use and fair dealing, their ambit?

Different test laid down by the Laws of Different countries in order to determine fair
use?
What are the Specific exceptions from the applicability of Copyright Laws in the
three countries, the distinctions and their extent?
What are the effects of copyright infringement in video giant platform like
“Youtube”?
Copyright infringement in the scope of DELHI UNIVERSITY PHOTOCOPY CASE
2017.

SCHEME OF THE STUDY

In the research project, the researcher has limited the scope of this project to looking
at the provisions of the Copyright Act, 1957, and comparing the same with US and
UK law principally. The scope of research for my dissertation is limited to the
national laws the comparative analysis with the laws and policies reflects the
loopholes in our Copyright system and the possible mechanism to control the ever
increasing problem of Copyright laws. To analysis of copyright infringement
exception like fair dealing and fair use of doctrine. What are guidelines laid down by
the judiciary in respect of Copyright Infringement? what are the human rights of
author in respect of Copyright infringement.

HHYPOTHESIS

Concept of fair use and fair dealing are exceptions in copyright infringement. In Delhi
Photocopy case the court held that the Court upon in-depth analysis of Section 52(1)(i) of the
Indian Copyright Act, found that the activity fell under the exception for educational

5|Page
purposes and didn’t amount to any violation. There are certain exceptions in copyright
infringement among in three countries like USA, UK and India.

SCOPE OF STUDY

The journey of Copyright laws has perpetual and progressive existence in accordance
with the technological advancements. It is always under its crafting phase to make
idea of Intellectual Property Rights more transparent. In today’s day, copyright is
understood as per the uniqueness and distinct creativity of the content of the owners.
Today, India stands on equal footing with the international copyright standards and
ensures the strict implementation of the same. However, it has its separate stance
when the matter concerns an area of public interest. Indian historically relies its
preference on public interest promoting its agenda of socio-economic development. It
follows the principle that “protection of author’s rights could not be considered apart
from the rights of the users.

RESEARCH METHODOLOGY

The research methodology adopted in the research project will be mainly constituted of
doctrinal method of research. The project firstly provides a brief overview of the Indian
Copyright Act; thereafter it tries to define and look into the concept of Fair dealing and fair
use, thereafter where it is defined and to do a comparative analysis of the same.
Subsequently, Specific exceptions as in the various laws of India, UK and America under
their respective Copyrights Acts regarding the Exceptions to infringement of Copyright and
to study the variations.
The paper shall also take into account the various laws, statutes, and judgements dealing with
Copyright rights law.

LIMITATIONS OF STUDY

The researcher has limited the scope of this project to looking at the provisions of the
Copyright Act, 1957, and comparing the same with US and UK law principally. The research
paper is limited to the study of secondary sources such as articles, reports and research works
as there is little scope for primary data collection. Due to the paucity of time and resources,
the research has been based upon doctrinal research work, and has been focused on laws,
statutes and judgments corresponding to the research.

6|Page