INTRODUCTION
Copyright is a set of exclusive rights granted by Governments that curtail the usage of a particular idea and how the same is expressed. Copyright never arises by virtue of an idea but in the manner in which the aforesaid idea is expressed, the form of material expression. The right of Copyright protection is granted for a specific time period, subject to exceptions. Copyright laws are set of simple, detailed yet highly complex pieces of legislation, whose interpretation cannot be done through a straight jacket formula.
Each case presents its own unique facts and circumstances and accordingly, merits a new analysis of the violation or not. Come what may, the governing principle not just in common law countries, but in other countries as well is always the betterment of the society. Indian copyright jurisprudence has evolved over the years, however, the fundamental goal is not lost and should not be lost.
Amongst analysis of various copyright provisions one which will be also dealt with by the authors will be the difference between, as to what constitutes Fair use and fair dealing. Authors at the beginning will provide an overview of the Indian Copyright Act, covering in the process few key provisions and the landmark judgements by the Hon’ble Courts such as the Modak Case.
The recent Youtube copyright menace is also discussed briefly, to study the growing nuances of the Copyright Regime Further, the aim is to study the set of guidelines laid down by different legislations of countries like the United States and United Kingdom vis-a-vis the Indian Context. The authors would further disseminate this broad concept into the limb of exceptions to the general rules of copyright infringement, that of ‘Specific Exemption’, as provided for by these three countries and study the similarities and variations of the respective aspects. A few of these are discussed hereunder:
A host of ‘Specific exemptions,’ have also been provided for by the legislatures of these three countries. To enumerate a few, the law in the United Kingdom entails the concept of Reproduction for the blind and disabled. Specifically carved out provisions in the US law are inclusive of, Sound-alike recordings and etc. Indian Law covers in the ambit of exceptions a host of works like, media recording and works of architecture to name a few. Lastly the authors would study as to how the jurisprudence with respect to copyright law has evolved over time in different countries, with an attempt to strike a balance between two necessities, one being right of copyright owner and fair usage for the betterment of the society at large.