Wikipedia:WikiProject India/Fair dealing


 * The translation has not been authorised or accepted as authentic by the Government of India.(This is a legally binding notice and please do not delete the notice.)Even Indian Laws are  copyrighted against translation in to Non-Indian Languages


 * This article is awaiting to be reviewed  by any expert in Indian Laws.


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 * This article deals with " Fair use doctrine" governed by relevant Indian Patent Laws,Indian Copyright acts,.For USA laws please refer to articleFair use and Fair use criteria

Limitations as per Indian Copyright act
Certain acts not to be infringement of copyright.-- The following acts shall not constitute an infringement of copyright namely:-

fair dealing

 * a fair dealing with a literary, dramatic, musical or artistic work not being a computer programme for the purposes of--
 * private use including research;
 * criticism or review, whether of that work or of any other work;
 * the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy--
 * in order to utilise the computer **programme for the purpose for which it was supplied; or
 * to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;

reporting current events
in a newspaper, magazine or similar periodical, or by broadcast or in a cinematograph film or by means of photographs.
 * a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reportig current events--

purpose of a report of a judicial proceeding
the reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;

exclusively for the use of the members of that Legislature
the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;

in accordance with any law for the time being in force
the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force;

reasonable extract
the reading or recitation in public of any reasonable extract from a published literary or dramatic work;

Education
the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists: Provided that not more than two such passages from works by the same author are pulished by the same publisher during any period of five years.
 * the reproduction of a literary, dramatic, musical or artistic work -
 * by a teacher or a pupil in the course of instruction; or
 * as part of the questions to be answered in an examination; or
 * in answers to such questions;
 * the performance, in the course of the activities of an educational institution, of a literary, dramatic, or musical work by the staff and students of the instiution, or of a cinematography film or a record, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording.

sound recordings
the making of sound recordings in respect of any literary, dramatic or musical work, if -- sound recordings of that work have previously been made by, or with the licence or consent of, the owner of the copyright in the work; the person making the sound recordings, has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf: Provided that-- no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not reasonabley necessary for the adaptation of the work for the purpose of making the sound recordings; the sound recordings shall not be issued in any form of packaging or with any label which is likely to mislead or confuse the public as to their identity; no such sound recording shall be made until the expiration of two calendar years after the end of the year in which the first recording of the work was made; and the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright Board is, prima facie satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty; the causing of a recording to be heard in public by utilising it,-- in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein;
 * residential premises
 * as part of the activities of a club, or similar organisation which is not established or conducted for profit;

amateur club ,religious institution

 * the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;

reproduction in a newspaper
the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author or such article has expressly reserved to himself the right of such reproduction;

lecture delivered in public-publicaton in a newspaper
the publicaton in a newspaper, magazine or other periodical of a report of a lecture delivered in public;

public library
the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India; the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access: Provided that where the identity of the author of any such work, or, in the case of a work of joint authorship, or any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more that fifty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who died last; the reproduction or publication of-- any matter which has been published in any Official Gazette except an Act of a Legislature; any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter; the report of any committee, commission, council, board or other like body appointed by the Legislature, unless the reproduction or publication of such report is prohibited by the Government; any judgment or order of a Court, Tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the Court, the Tribual or other judicial authority, as the case may be;

translation Act of a Legislature
the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder -- if no translation of such Act or rules or orders in that language has been produced or published by the Government; or where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public: Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government; if the translation is not available for sale to the public:

art
the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture; the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or othe artistic work falling under sub-clause (iii) of clause (c) of Section 2, if such work is permanently situated in a public place or any premises to which the public has access; the inclusion in a cinematograph film of -- any artistic work permanently situated in a public place or any premises to which the public has access; or any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film; the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work Provided that he does not thereby repeat or imitate the main design of the work; [omitted by Act 38 of 1994, s. 17] the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed: Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans; in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: Provided that the provisions of sub-clause (ii) of clause (a), sub-cause (i) of clause (b) and clause (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgement -- identifying the work by its title or other description; and unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgemnt of his name should be made, also identifying the author. the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character; za. the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony of an official ceremony held by the Central Government or the State Government or any local authority. The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself


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A HAND BOOK OF COPYRIGHT LAW
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?

Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work

for the purpose of research or private study, for criticism or review, for reporting current events, in connection with judicial proceeding, performance by an amateur club or society if the performance is given to a non-paying audience, and the making of sound recordings of literary, dramatic or musical works under certain conditions.

60 Years?
works on which the copyright has expired. Per Indian copyright law (since the published works were published in India), copyright on printed matter lasts for 60 years past the author's lifetime. Audio/video recordings are protected for 60 years from the first date of publication.

TERM OF COPYRIGHT
Is copyright protected in perpetuity?

No. It is protected for a limited period of time.

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.

Supreme Court of India
Latest judgements of the Supreme Court of India relevant to this article: Eastern Book Company v. D B Modak decided on December 12, 2007 Entertainment Network (India) Ltd v. Super Cassette Industries Ltd decided on May 16, 2008


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