EVOLUTION AND PRINCIPLES OF FAIR USE
The development of Fair Use is an intriguing trajectory that mirrors the shifting terrain of copyright legislation and its convergence with societal conventions and technological progress. Fair Use originated from common law principles and later became a legislative concept in the United States with the passing of the Copyright Act of 1976.[1] The concept of Fair Use originated from the acknowledgment by courts that specific uses of copyrighted content might benefit the public without excessively violating the rights of copyright owners. The initial legal interpretations recognised that it is not necessary to impose stringent copyright protection on all instances of copyrighted works. In contrast, the judiciary acknowledged the significance of permitting restricted use of copyrighted content in order to foster creativity, innovation, unrestricted speech, education, and several other societal concerns. Nevertheless, the notion of Fair Use remained predominantly ambiguous and indeterminate until the implementation of the Copyright Act of 1976. This significant law established a legal structure that formally outlined and broadened the concepts of Fair Use. The criteria for assessing the eligibility of a certain use as Fair Use are outlined in Section 107 of the Copyright Act. The variables encompassed in this analysis comprise the aim and type of the utilisation, the inherent qualities of the copyrighted work, the quantity and significance of the section employed, and the impact of the utilisation on the prospective market for the original work. The Copyright Act of 1976, with the incorporation of Fair Use into statutory law, offered valuable elucidation and direction for judges, copyright holders, and individuals using copyrighted content. It created a versatile structure that enabled the adjustment of Fair Use principles to changing social standards, technological progress, and shifts in the creative environment. The courts were able to apply the Fair Use doctrine to various contexts, including both traditional media formats and burgeoning digital platforms, because to its flexibility. Furthermore, the legislative formulation of Fair Use granted courts the authority to establish a substantial corpus of legal precedents that subsequently enhanced and broadened the fundamental tenets of Fair Use. The cases of Campbell v. Acuff-Rose Music, Inc. andHarper & Row Publishers, Inc. v. Nation Enterprisesestablished significant legal precedents and offered valuable information regarding the implementation of Fair Use in many situations, such as parody, criticism, news reporting, and educational purposes. The progression of Fair Use from its common law roots to its formalisation in statutory law signifies a noteworthy achievement in the advancement of copyright legislation. The statement demonstrates a sophisticated comprehension of the equilibrium between the entitlements of copyright owners and the societal benefit of fostering creativity, innovation, and information accessibility. The concept of Fair Use is crucial in allowing the interchange of ideas, promoting cultural expression, and supporting the advancement of knowledge and society.[2]
Purpose and Character of the Use:
The initial tenet of Fair Use, which centres on the intention and nature of the use, plays a crucial role in assessing the equity of a specific application of copyrighted content. This concept prioritises the transformative nature of the usage and the degree to which it introduces new value or modifies the original work’s expression.[3] Courts meticulously assess whether the use of a copyrighted work serves a distinct purpose or function in comparison to the original work. Transformative uses encompass the act of reusing or recontextualizing copyrighted material in a manner that introduces novel insights, expanded meanings, or alternative views. Criticism, commentary, satire, and news reporting sometimes employ transformational techniques by providing fresh interpretations or critiques of the original work. The aforementioned transformative applications play a significant role in enhancing societal well-being through the facilitation of creativity, intellectual engagement, and the sharing of ideas. Consequently, these endeavours are in accordance with the fundamental objectives of copyright legislation, which aim to advance knowledge and culture. Furthermore, courts consider if the use is intended for commercial or nonprofit educational objectives. Although commercial usage does not inherently render a use ineligible for fair use, Fair usage analysis tends to accord greater weight to charitable and educational applications. Nonprofit and educational endeavours commonly cater to wider society concerns through the facilitation of knowledge accessibility, the cultivation of learning prospects, and the advancement of educational goals. Consequently, they are more inclined to be considered equitable according to the first premise of Fair Use. In general, the initial concept of Fair Use emphasises the need of taking into account the transformative character of the use and its overall societal impact. Fairness is more likely to be attributed to transformative uses that contribute novel value, insights, or perspectives to the original work, irrespective of whether the usage is for commercial or nonprofit educational objectives. The first principle of Fair Use promotes the basic ideals of free speech, expression, and innovation while also balancing the rights of copyright holders by giving priority to transformative applications that enhance public conversation and encourage the flow of ideas.[4]
[1]United States Copyright Act of 1976.
[2]European Union Directive on Copyright in the Digital Single Market (2019/790).
[3]SundaraRajan, M., “Fair Use in Copyright Law” (Oxford University Press, 2016).
[4]Indian Copyright Act, 1957.