The infringement of copyright occurs when a person uses a copyrighted work without the permission of the copyright owner in a manner that violates the exclusive rights granted under the Copyright Act, 1957. These rights typically include reproduction, distribution, performance, public display, and adaptation of the work. Unauthorized use that interferes with the owner’s legal rights may lead to civil or even criminal consequences.
What Constitutes Infringement of Copyright?
According to Section 51 of the Copyright Act, 1957, copyright is infringed when:
- A person does anything that only the copyright owner has the exclusive right to do.
- Someone permits for profit, any place to be used for the communication of a copyrighted work to the public without authorization.
- A person imports, sells, or distributes infringing copies without permission.
Examples include:
- Copying books, songs, or films without consent.
- Uploading or downloading copyrighted material illegally.
- Broadcasting copyrighted content without a license.
Exceptions to Infringement: The Doctrine of Fair Use
While the law protects creators, it also recognizes that certain limited uses of copyrighted material should not be penalized. This balance is achieved through exceptions, primarily under Section 52 of the Act.
The most significant of these is the Doctrine of Fair Use (also known as fair dealing in Indian law). It allows the use of copyrighted material without permission under specific conditions, especially for public interest purposes.
Fair Use Exceptions – When Use Is Not Infringement
The infringement of copyright does not occur in the following scenarios if the use is considered “fair”:
1. Private or Personal Use (Including Research or Study)
A person may use a work for private study or research without infringing copyright. For example, downloading a few pages of a book for exam preparation.
2. Criticism or Review
Quoting excerpts from a book or film while reviewing it is allowed. The copied portion must be relevant and appropriately acknowledged.
3. Reporting Current Events
Using parts of a copyrighted work in the course of reporting news—such as a news anchor playing a short clip of a public speech—is considered fair use.
4. Teaching and Classroom Use
Teachers and students may reproduce parts of a work during instruction, presentations, or exams. This ensures academic freedom and learning accessibility.
5. Judicial Proceedings and Legal Use
Use of copyrighted content in a legal setting, including evidence in court, does not amount to infringement.
6. Libraries and Archives
Non-commercial reproduction for archival purposes or replacement of lost/damaged copies by libraries is allowed.
Key Factors to Determine Fair Use
Indian courts consider these factors to determine whether a use qualifies as “fair”:
- Purpose and character of the use (commercial or educational)
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect of the use on the potential market or value of the original work
For instance, if someone copies an entire movie and uploads it online for public viewing, it is clearly infringement. However, using a 30-second clip in a film review, with commentary, may be considered fair use.
