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Fair dealing is a crucial concept in copyright law, which allows limited use of copyrighted works without

the permission of the owner for specific purposes. The doctrine of fair dealing strikes a balance between
protecting the rights of copyright owners and ensuring access to copyrighted works for the public
interest. In India, the provisions for fair dealing are enshrined under Section 52 of the Copyright Act,
1957. This provision allows the use of copyrighted works for purposes such as research, criticism,
review, news reporting, teaching, scholarship, or for private use. However, the use must be fair, and the
amount of the work used must be reasonable and necessary for the specific purpose.

There are specific categories of fair dealing recognized under the Indian Copyright Law. These include:

 Research or private study: This category includes using the copyrighted work for research,
private study, or personal use.
 Criticism or review: This category allows using the copyrighted work for criticism, review, or
reporting of current events.
 Reporting of news: This category permits using the copyrighted work for reporting of news and
current events.
 Teaching: This category allows using the copyrighted work for teaching or educational purposes.
 Judicial proceedings: This category permits using the copyrighted work in judicial proceedings or
for government purposes.

Some relevant case laws on fair dealing in India include:

The Chancellor, Masters & Scholars of the University of Oxford & Ors. vs. Rameshwari Photocopy
Services & Ors. (2016): In this case, the Delhi High Court held that the making of course packs by
photocopying textbooks by a university was fair dealing for the purposes of research and education.

Eastern Book Company & Ors. vs. D.B. Modak & Anr. (2008): In this case, the Supreme Court of India
held that the reproduction of copyrighted legal judgments by a publishing company for commercial
purposes without permission from the copyright owner was not fair dealing.

In conclusion, fair dealing is a vital concept in copyright law, which allows the use of copyrighted works
for specific purposes without permission from the owner. The Indian Copyright Law recognizes specific
categories of fair dealing, and the use of copyrighted works must be fair, reasonable, and necessary for
the specific purpose. The courts in India have interpreted and applied the concept of fair dealing in
various cases, highlighting its importance in balancing the interests of copyright owners and the public
interest.

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