Inefficacy of fair use

Malbari, Shahbaz (2021) Inefficacy of fair use. [Working papers (or Preprints)]

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The concept of Fair use in the U.S.A. vis-a-vis the concept of Fair Dealing in India has a massive difference in its implementation. In this article, the author will analyze that the defence of fair use is subjective. Since it is not well defined in the law’s language, there remains a space for ambiguity and vagueness. Fair use concerns “the purpose” for which a substantial part of the copyrighted work is reproduced and not in “the manner” of use about that purpose. After the brief discussion of “Fair use,” the author aims to show how its cousin “Fair Dealing”, even after its rigidity, is fairer than the principle of fair use itself. The fair dealing principle provides “the purpose” and “the manner” in which a substantial part is reproduced. This article will not only help to differentiate between Fair Use and Fair Dealing but will also enable to understand the reasons as to why, although Fair dealing is a subset of Fair use, common law countries are reluctant to apply it.

Item Type: Working papers (or Preprints)
Keywords: Fair use | Fair dealing | Copyright | Defence.
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Library and Information Science
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 15 Mar 2022 07:31
Last Modified: 15 Mar 2022 07:31
Official URL:


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