Exceptions to the copyright protection

  • Setindiabiz Team
  • April 23, 2023
Exceptions to the Copyright Protection | Copyright Protect
Normally, copyright owners, permission is required for the use of their work by any other person or entity but the copyright act allows the use of certain work without the permission of the owner of the copyright. Some of the works in which the interest of the user is protected without permission of the owner of the copyright are as under;

Fair dealing with any work, not being a computer programme, for the purposes of—

    1. Research or private study
    2. Criticism or review
    3. Reporting current events
  1. The making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy
  2. The reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding
  3. The transient or incidental storage of a work or performance for the purpose of
    1. Electronic transmission or communication to the public
    2. Providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy
  4. The reading or recitation in public of reasonable extracts from a published literary or dramatic work
  5. A non-commercial public library
    1. The storing of a work in any medium by electronic means if the library already possesses a non-digital copy of the work
    2. The making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart, or plan if such book is not available for sale in India
  6. Performance by an armature club or society if performance is given to a non-paying audience and
  7. The performance of a literary, dramatic, or musical work or the communication to the public of such work or of a sound recording in the course of a religious ceremony, a marriage procession, and other social festivities associated with a marriage or an official ceremony held by the Government or any local authority.
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