Fair Dealing Copyright Law

Justifications

Exceptions and Limitations

Fair Dealing in the US

Prof. Sudhir Krishnaswamy

Justifications

Clause specific justifications

OR

General justifications for Fair Dealing

General Justifications

Constitutional Law

Right to Property

Right to Freedom of Expression

Law and Economics

Market Failure

Unfair Competition

Creativity

Aesthetic

Technological

Exceptions and Limitations

Balance between artist and public interest

Creation-Intermediaries- Users/Producers

Evolution of Fair Use Law

US Source – Folsom v Marsh

Section 107 of the Copyright Law

Common Law Source

In short, we must often, in deciding questions of this sort, look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the

sale, and diminish the profits, or supersede the objects, of the original work.

Section 107 Act

Limitations on exclusive rights: Fair use:Notwithstanding the provisions of sections 106 and 106A, the fair use of a

copyrightedwork, including such use by reproduction in copies or phonorecords or by any

other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom

use), scholarship, or research, is not an infringement of copyright.Four pronged test

Judicial Attitude to Fair Use

Unpredictable and Chaotic

Patterns discernible – Beebe

Policy Clusters – Samuelson

Conclusion

Three step test is not a substitute for a detailed exceptions and limitations

Policy Clusters – refinementPersonal Uses and New Technology