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What are the limitations on copyright protection in India?

11-Mar-2023
Trademark & Copyright

Answer By law4u team

Like in other countries, copyright protection in India is not absolute and is subject to certain limitations. Some of the limitations on copyright protection in India are as follows: Fair use: The concept of fair use allows limited use of copyrighted material without obtaining permission from the copyright owner. Fair use is determined on a case-by-case basis and takes into account factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work. Educational use: The reproduction of copyrighted material for the purpose of teaching, scholarship or research is allowed under certain conditions, such as the reproduction being a fair dealing and the source being acknowledged. Personal use: Copyrighted material can be used for personal purposes, such as private study, research, criticism or review. Government use: Copyrighted material can be used by the government for official purposes, such as in reports or policy documents, subject to certain restrictions. Public interest: In certain circumstances, the public interest may override the copyright owner’s rights. For example, the use of copyrighted material in the reporting of current events, criticism or review may be considered in the public interest and thus not infringe copyright. It is important to note that these limitations are not absolute and the extent to which they apply in a particular case depends on the specific facts and circumstances of that case.

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