Balancing Copyright Protection And Public Interest - The Role Of Fair Dealing In India
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Category: General Law
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BALANCING COPYRIGHT PROTECTION AND PUBLIC
INTEREST: THE ROLE OF FAIR DEALING IN INDIA
Kandarp Parashar, Amity University Uttar Pradesh, Lucknow Campus, Lucknow Dr. Arvind Kumar Singh, MBA, PhD, UGC (NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
ABSTRACT
Copyright law does the task of incentivizing creativity and innovation since it grants exclusive rights of the a creator’s work to them. It helps to motivate creators to create and gives them the opportunity to benefit from the work they have done. However, a stringent copyright regime can at times cause hindrances in the access of knowledge, culture, as well as education. For creation of an equilibrium between protections of the rights of copyright holders and performing duties for the broader public interest, exceptions and limitations such as fair dealing play a crucial and vital role. In India, the concept of fair dealing is enshrined in the Copyright Act, 1957 and serves as a key mechanism and ensures that copyright protection does not stifle or restrict speech, research, education, and public access to information.
In contrast to the more flexible fair use doctrine in the United States, fair dealing in India functions within a structured framework and allows specific exemptions for activities like private study, criticism, and news reporting. This paper explores the constantly evolving role of fair dealing in India, examining its judicial interpretations, impact on different sectors, and its success in balancing copyright protection with the needs and requirements of the society at large. It puts into assessment how India's approach is in alignment with the global copyright trends and the challenges posed by expansion in the digital world. The aim of this analysis of the key legal precedents and policy debates is to underscore the extent to which fair dealing provides assistance to a fair and equitable copyright system in India.
Keywords: Doctrine of Fair dealing, Doctrine of fair use, Copyright law, Copyright Act, Infringement.
Report Objective The primary objective of this research paper is to provide a comprehensive analysis of the concept of fair dealing in India by tracing its historical evolution, examining the relevant statutory provisions under Indian copyright law, and analyzing landmark judicial pronouncements that have shaped its interpretation. This study aims to: • Explore the origins and development of the doctrine of fair dealing in India. • Examine the legal provisions related to fair dealing under the Copyright Act, 1957. • Analyze significant court rulings that have defined and refined the scope of fair dealing in India. Introduction In today’s world, intellectual property rights have been playing a major part in fostering of creativity and innovation among the people.
Amongst the key legal frameworks that administer the intellectual property, copyright law stands out as an elementary mechanism for the protection of creative works. Copyright law helps provide the surety that creators can perpetuate control over their works while also allowing for limited exceptions in the interest of public access and education. While copyright law performs the function of protecting creators from unauthorized usage, the Doctrine of Fair Dealing makes sure that knowledge and information remains readily accessible for research, education, and public discourse. The concept of fair dealing or fair use is recognized in the copyright laws of more than 40 countries. They are at different levels of development and widespread throughout the world in different regions.
The widespread dispersal of principles of fair use and fair dealing gives the indication that there does not exist a basis for prevention of the adoption of these doctrines, with the benefits their flexibility brings to creators such as writers, publishers, consumers, information technology companies, libraries, museums, educational institutions like universities, and governments in a broad sense. 1 1Band, J. , Gerafi, J. , & policybandwidth. (2013). The Fair Use/Fair Dealing Handbook. https://infojustice. org/wpcontent/uploads/2013/03/band-and-gerafi-2013. pdf :pg1
The fair dealing doctrine is an exemption to the law of copyright that provides protection to any material that would, in general, considered to be copyrighted as under the the provisions of Indian Copyright Act, 1957. This legal doctrine gives a person a permission to make use of any work or creation which is considered to be given protection under the Act with scattered utilization of such work which is done for the maintenance of the sanctity and originality of such work or creation as well as the person who has been registered as holder of the copyright of the work. 2 “The doctrine of Fair Dealing” varies depending on the distinct facts and situations of a case. In Indian courts, basic common sense is applied to determine cases falling under the provisions of fair dealing on a case-by-case basis.
This doctrine has put a substantial limit on the complete rights of the copyright possessor. The courts have interpreted on several occasions by judging the cost-effective impact that the usage has on the owner of the copyright and where this impact is not so significant, the use may be considered to fall under the provisions of fair dealing. 3 The doctrine of “Fair Dealing” is a paramount constituent of copyright law. It legitimizes the replication of a copyrighted material which would have been considered to be infringing on copyright, otherwise. It gives the authorization to any person other than the one who actually owns the copyright and allows them to use the copyrighted work in a manner that can be considered to be reasonable and the consent of the copyright holder is not required. It was held in the case of Civc Chandran v.
Ammini Amma it was held that:"The term 'fair dealing' has not been defined as such in the Act. But section 52(1)(a) and (b) of specifically refers to 'fair dealing' of the work and not to reproduction of the work. Accordingly, it may be reasonable to hold that the re-production of the whole or a substantial portion of it as such will not normally be permitted and only extracts or quotations from the work will alone be permitted even as fair dealing. " Further, it was also held that "In such cases, court has to take into consideration (1) the quantum and value of the matter taken in relation to the comments or criticism; (2) the purpose for which it is taken; and (3) the likelihood of competition between the two works"; which has a similarity to the test of fair factor applied in the determination of the U. S. fair use doctrine. 4 2 Rajshree Mukherjee (2021, May 1).
Fair Use Law in India under Copyright Act - iPleaders. iPleaders. https://blog. ipleaders. in/fair-use-law-india-copyright-act/ (Khan, 2021): para 2
3 Ibid :para 3
4 Sambhar, I. (2020, May 13). Concept of fair use Sambhar, I. (2020, May 13). Concept of fair use and fair dealing in copyright. Copyright - India. https://www.mondaq.com/india/copyright/930556/concept-of-fair-useand-fair-dealing-in-copyright : Para 12 & 13
The definition of ‘fair dealing’ has not been given in the Indian Copyright Act,1957. Section 52(1)(a) gives the provisions for ‘fair dealing’ that “a fair dealing with any work, not being a computer program, for private or personal use, including research, criticism or review, whether of that work or of any other work, the reporting of current events which includes the reporting of a lecture delivered in public shall not constitute an infringement of copyright”. ‘Fair dealing’ is a British concept and is more rigid as compared to the comparatively more flexible doctrine of ‘fair use’, in derivation from the American law. India has adopted the concept of Fair Dealing for the past years in conformity with the laws of copyright in the UK.
5 Literature review The review of literature is quite helpful in providing the researcher with the information and knowledge in the field of the area of research and also provides aid in finding out about about the past, present trends in that particular subject in detail. Since, it is not possible to cover all of the information in regard to this topic, some of the important studies included in this review are: In a study done by Jonathan Band and Jonathan Gerafi in 2013, the authors offer a comprehensive view into Fair Dealing and how different countries have adopted it. This study is compiled in the form of a handbook and explains how more than 40 countries have incorporated fair dealing or fair use doctrines and set provisions for the same in their copyright laws.
6 In 2021, another study done by Sufiya Ahmed, goes deep into the topic of the Doctrine of Fair Dealing and delves into the scope and extent of the doctrine with the help of the national as well as the international laws and judicial interpretations. 7 Authors Dr. Bhanu Pratap, Dr. Rajinder Kumar and Dr. Balwam Singh studied and analyzed the awareness of plagiarism, Fair Use or Fair Dealing and copyright by conducting a survey among the doctoral students of Haryana Agricultural University and their views on these 5 Sood, P. (2024). Fair Dealing in India: An analysis vis-à-vis fair use in the United States. Journal of Intellectual Property Rights, Vol 28, 560–568. https://doi. org/10. 56042/jipr. v29i6. 7528 : page 562
6 Band, J., Gerafi, J., & policybandwidth. (2013). The Fair Use/Fair Dealing Handbook.
https://infojustice.org/wp-content/uploads/2013/03/band-and-gerafi-2013.pdf 7 Ahmed, S. (2021). Fair Dealing in Indian Copyright Law. Journal of Intellectual Property Rights, 26, 1–7. http://op.niscpr.res.in/index.php/JIPR/article/viewFile/31440/465481027
doctrines were examined. 8 Another study by Abhishek Yadav delved into the evolution of the Doctrine of Fair Dealing and some of the challenges face by this doctrine in India and bridges the gap between theory and practical application. 9 The research study done by Pushpanjali Sood analyzed the points of differences between the doctrines of Fair Dealing in India and Fair Use in USA and the scopes and lacunae of these doctrines. 10 History of Fair Dealing This concept was originated by the English courts in the 18th century responding to the 'Statute of Anne' which is a statue that helped acknowledge the legitimacy of specific activities that were observed to be fair. The development and adoption of the doctrine of ‘fair dealing’ was done by the English courts in 1841 with the help of the Statute of Anne as the foundation for it.
The integration of this term was done later on in the copyright laws of the British colonies and first and foremost the explicit recognition was done by the UK Copyright Act of 1911. The US courts adopted this concept but made some changes in it, they created ‘The Doctrine of Fairness Abridgement’ in the landmark case of Gyles v Wilcox, which afterwards evolved into the concept of ‘Fair Use’. 11 This Doctrine draws a line and helps to to separately identify legitimate and genuine fair uses of a work and other a disingenuous and blatant copies of the work and is considered to be one 8 Partap, B. P. , Kumar, R. K. , & Singh, B. S. (2019, July 11). Plagiarism and Fair Use of Copyrighted Work: Awareness Survey among Doctoral Students of CCS Haryana Agricultural University, Hisar, India. www. bpasjournals. com. https://www. researchgate.
net/profile/Rajinder-Kumar- 18/publication/333287229_Plagiarism_and_Fair_Use_of_Copyrighted_Work_Awareness_Survey_among_Doct oral_Students_of_CCS_Haryana_Agricultural_University_Hisar_India/links/5d26edbd299bf1547cab6ad9/Plagi arism-and-Fair-Use-of-Copyrighted-Work-Awareness-Survey-among-Doctoral-Students-of-CCS-Haryana- Agricultural-University-Hisar-India. pdf#page=102 (Partap et al. , 2019) 9 Yadav, A. & Amity Law School Noida, Amity University Noida. (2024). Fair Dealing unveiled in India: evolution and challenges [Journal-article]. International Journal of Novel Research and Development, 9(3), c719–c720. https://www. ijnrd. org/papers/IJNRD2403289. pdf (Yadav & Amity Law School Noida, Amity University Noida, 2024) 10 Sood, P. (2024). Fair Dealing in India: An analysis vis-à-vis fair use in the United States. Journal of Intellectual Property Rights, Vol 28, 560–568. https://doi.
org/10. 56042/jipr. v29i6. 7528 11 Yadav, A. & Amity Law School Noida, Amity University Noida. (2024). Fair Dealing unveiled in India: evolution and challenges [Journal-article]. International Journal of Novel Research and Development, 9(3), c719–c720. https://www. ijnrd. org/papers/IJNRD2403289. pdf (Yadav & Amity Law School Noida, Amity University Noida, 2024): c723
of the most important aspects of Copyright Law and is distinctly enshrined in Article 13 of the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement which is "Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder". The Berne Convention gives the provisions for the exemptions to be made to the rights in works protected under the Convention in some specified cases.
Article 10(1) of the Berne Convention provides for making “quotations” from a lawfully available work to the public and makes them permissible, provided that the the quotation made is compatible with fair practice, and their extent of it is not exceeding the justified purpose of making it, it also gives inclusion to quotations in the form of press summaries from articles that are from newspapers and journals. 12 The Indian Copyright Act, 1847 is the first copyright law in India which is based on the British Copyright Act of 1842 and granted authors rights over their works for a period of 42 years or for their lifetime plus seven years, whichever was shorter. The Copyright Act, 1914 was an extension of the British Copyright Act of 1911 and provided more comprehensive protection to creative works. It was the main copyright law in India until independence.
After independence, India enacted its own copyright law, The Copyright Act, 1957 which replaced the 1914 Act. This law provided protection for works in literature, drama, musicals, works by artists as well as films and recordings of sound. This act also introduced the concept of mandatory licensing to ensure fair use. The Copyright Act, 1957 has been amended several times to adapt to new technological and global developments: • 1983 – This amendment strengthened penalties for copyright infringement. • 1994 – This amendment expanded copyright protection to cover computer programs and digital formats. • 1999 – This amendment increased enforcement mechanisms and protection of performers’ rights. • 2012 – This amendment aligned Indian copyright laws with the World Intellectual Property Organization (WIPO) treaties, introducing rights for disabled persons, and 12 Ahmed, S. (2021).
Fair Dealing in Indian Copyright Law. Journal of Intellectual Property Rights, 26, 1–7. http://op. niscpr. res. in/index. php/JIPR/article/viewFile/31440/465481027 : pg 98
ensuring fair compensation for authors and artists. India’s copyright law is now in accordance with international agreements such as the Berne Convention, TRIPS Agreement, and WIPO treaties, which ensure that there is a strong protection for creative works while there is a balance in public interest and fair use. 13 Statutory Provisions Related To Fair Dealing The Indian Copyright Act of 1957 provides for certain specific copyrighted material to be reproduced without the requirement of the consent or permission of the original copyright holder which does not lead to copyright infringement. The provisions for fair dealings have been mentioned in Section 52(1)(a) of the ICA, while the other parts of Section 52 enumerate a number of factors which provide help in indicating that infringement of copyright has been exempted.
This provision sets the exemptions for some specific activities, for example, education, personal research, news reporting, etc . The intent behind this provision was to aid in the inculcation of scientific growth, by the helping in spreading of information for the purposes of research. 14 The provisions of Fair Dealing are not extended to unpublished works. Fair Dealing is permitted only in the following cases: • Private or personal use, including research: In India, after the amendment of 1994, ‘fair dealing’ was considered to be permissible for private use including research work.
If the owner of a copyright is to suffer an economic loss, courts in India are likely to conclude that particular usage as an infringement of the copyright while in the cases of non-commercial usage the courts are generally more likely to consider that work as ‘fair dealing’ since the researcher is not intending to make a profit from the said usage. 15 • Criticism or review of a work: Section 52 (1) (a) ii of the Copyright Act, 1957 provides that ‘fair dealing’ for criticism and review will not be considered an infringement of a copyright only if sufficient acknowledgment accompanies it. A fair dealing in this case must have adequate acknowledgement and should have been made priorly available to 13 Yadav, A. & Amity Law School Noida, Amity University Noida. (2024). Fair Dealing unveiled in India: evolution and challenges [Journal-article].
International Journal of Novel Research and Development, 9(3), c719– c720. https://www. ijnrd. org/papers/IJNRD2403289. pdf : pg c723 14 Fair dealing. (n. d. ). Copyright. https://copyright. unimelb. edu. au/shared/using-copyright-material/fairdealing#parody : para 3 & 4 15 Sood, P. (2024). Fair Dealing in India: An analysis vis-à-vis fair use in the United States. Journal of Intellectual Property Rights, Vol 28, 560–568. https://doi. org/10. 56042/jipr. v29i6. 7528 : pg 562
the public at large to fall under this category. The Fair Dealing defence is available for work for criticism as well as some other work. Subsequently, it will be considered as acceptable for the usage of quotes from other works that are similar to this for the illustration of criticism of one work while making a criticizing another. The sources of the original work and the name of the author if it is provided in the said source must be cited for criticism, reviews, and news reporting for it to be considered as ‘fair dealing’. 16 • Parody: A piece of art which is used to ridicule and critique an already existing work in order to underscore its drawbacks or shortcomings. In terms of Indian copyright law, ‘Fair dealing’ in parodies is considered to be vague and deciding whether a particular parody falls under the defence of fair dealing has to be based on certain factors.
Under the Copyright Act, the allowability or the prohibition of a parody are not distinctly expressed and it depends on how the courts view these parodies for it to be considered as a fair dealing. 17 • Reporting of Current Events: The defence of Fair Dealing is of the intention of protection of the media while performing the function of providing information to the public at large about the current matter. The satisfaction of a specified criteria is critical for availing of the defense of ‘fair dealing’ in current events to be reported. Firstly, the usage of copyrighted work should not be done to compete with the holder of the copyright’s own work done for commercial purposes. Secondly, prior to reporting, the verification of the content of the work should be, including whether publication of the work has been done or has it been made public.
Thirdly, the extent of the copyrighted content used and its importance and as long as only the required extent of the report the current event is used and portion of the material is not more than a significant amount of the work used, then it can be used. Lastly there should be an inclusion of the an acknowledgement having the name of the author of the work. This defence’s objective is to maintain an equilibrium between protecting the rights of creators and the interest 16 Fair dealing. (n. d. ). Copyright. https://copyright. unimelb. edu. au/shared/using-copyright-material/fairdealing#parody : para 7 17 Sood, P. (2024). Fair Dealing in India: An analysis vis-à-vis fair use in the United States. Journal of Intellectual Property Rights, Vol 28, 560–568. https://doi. org/10. 56042/jipr. v29i6. 7528 : pg 562
of public at large. 18 Cases Related To Fair Dealing Some major cases related to Fair dealing are: Civic Chandran v. Ammini Amma: The plaintiffs alleged that the counter-drama “Ningal Are Communistakki” had greatly reproduced characters, plotlines, as well as scenes from the original drama “Ningalenne Communistakki” with minor changes in the commentary, infringing copyright. An interlocutory injunction which restrained the defendants from performing their counter-drama had been granted by the Additional District Judge. An appeal was filed by the defendants to the Kerala High Court, which asserted that the counter-drama constituted fair dealing under Section 52 of the Copyright Act. Civic Chandran and others filed a suit against C. Ammini Amma and others seeking an injunction to restrain the staging of the drama titled "Ningal Are Communistakki.
" The primary issue before the court was whether the interlocutory order of injunction restraining the staging of the drama 'Ningal Are Communistakki' was legally sustainable under the doctrines of Fair Dealing in Indian copyright law. The Kerala High Court held that the injunction restraining the staging of the drama was not legally sustainable. The court reasoned that as long as the satire or parody in the drama critically engaged with the original work, it fell within the permissible scope of fair dealing. The court emphasized that parody and satire are protected forms of expression, provided they serve the purpose of critique and do not amount to improper use of the original work. 19 India TV, Independent News Service Pvt. Ltd. & Ors. v. Yashraj Films Pvt. Ltd. (2013): In this case, India TV aired a program that featured clips from films produced by Yash Raj Films.
The show used these clips as part of a news report on the Bollywood industry. Yash Raj Films claimed that India TV had used the film clips without authorization which amounts to copyright infringement. The Delhi High Court ruled in favor of India TV and held that their use of short clips from films for news reporting was covered under fair dealing and reaffirmed the principle that news channels have the right to use copyrighted content for reporting current events, as long as the use is well within the limits and does not have any possible effects on the original 18 Ahmed, S. (2021). Fair Dealing in Indian Copyright Law. Journal of Intellectual Property Rights, 26, 1–7. http://op. niscpr. res. in/index. php/JIPR/article/viewFile/31440/465481027 : pg 99 19Civic Chandran v Ammini Amma 1996 PTC(16) 670
work’s commercial value. The court put emphasis on that purpose of the use matters in cases such as if it is for criticism, review, or news reporting then it does not amount to infringement. 20 SK Dutt v. Law Book Co. and Ors (1954): This is an important case in Indian copyright law which took place prior to the enforcement of the Copyright Act, 1957 and deals with the issue of copyright infringement in legal literature and set a precedent for fair dealing and originality in legal compilations. In this case, S. K. Dutt, the plaintiff, compiled and published a book containing commentary and headnotes on various legal judgments. Law Book Co. , the defendant, published a book that contained similar headnotes and legal extracts, allegedly copied from Dutt’s work and Dutt filed a case, alleging copyright infringement, claiming that his work was copied substantially without permission.
The major issues were that was there a copyright infringement, can legal judgments and extracts from court rulings be copyrighted and whether the defendant’s use of similar legal content could qualify as “fair dealing”. The Allahabad High Court ruled in favor of Law Book Co. held that Legal judgments and statutes are in the public domain and cannot be copyrighted, Head notes and summaries of cases do not qualify for copyright protection unless they show original creative effort and because the plaintiff’s work largely involved compiling existing legal principles, it had lacked sufficient originality to claim copyright protection. 21 The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services (2016): The case The Chancellor, Masters & Scholars of the University of Oxford v.
Rameshwari Photocopy Services (2016) is a landmark decision by the Delhi High Court concerning copyright infringement and fair dealing in education. The facts of this case are, Rameshwari Photocopy Services, a photocopy shop on the Delhi University campus, was providing course packs to student and these course packs contained photocopied extracts from books published by Oxford, Cambridge, and Taylor & Francis so the publishers filed a copyright infringement lawsuit, claiming that unauthorized reproduction of their books violated the Copyright Act, 1957. The Delhi High Court ruled in favor of Rameshwari Photocopy Services and Delhi University and held that The court ruled that photocopying portions of books for academic use is protected under Section 52(1)(i) of the Copyright Act,
1957 which provides for allowing of reproduction of copyrighted material for private or
personal use, including research and education and the court put emphasis on the public interest
20 India TV Independent News Service Pvt. Ltd. v. Yashraj Films Pvt. Ltd., 2012
21 SK Dutt v. Law Book & Co & Ors, (1954) AIR ALL 750
in education and access to knowledge and rejected the publishers’ argument that photocopying harmed their market, stating that students cannot afford expensive foreign textbooks. Since the course packs contained only relevant portions of various books (not entire books), the court ruled that this did not replace the market for original books. The court recognized that universities and teachers need flexibility to compile and distribute materials for academic purposes and reinforced that education should not be a luxury and that copyright law should not block affordable learning. 22 ESPN Software India Ltd. v. Tudu Enterprises (2011): This case is an important ruling by the Delhi High Court which concerns the copyright infringement in sports broadcasting and the fair dealing exception in Indian copyright law. In this case, ESPN Software India Ltd.
held the exclusive broadcasting rights for certain sporting events. Tudu Enterprises, a local cable operator, was found to be re-transmitting ESPN’s live sports broadcasts without obtaining the necessary license and ESPN filed a copyright infringement lawsuit, arguing that unauthorized rebroadcasting of their content violated their exclusive rights under the Copyright Act, 1957. Tudu Enterprises defended itself, claiming that sports events fall under fair dealing and that public viewing of matches is part of “news reporting” or “public interest. ” The court held that sports broadcasts are protected under Section 37 of the Copyright Act, 1957, which grants exclusive rights to broadcasters for live events and since they were rebroadcasting ESPN’s content without a license, Tudu Enterprises had violated ESPN’s exclusive rights.
The court rejected Tudu Enterprises’ argument that sports broadcasts fall under "news reporting" (which is allowed under Section 52) since news reporting applies to factual summaries of events, not to rebroadcasting entire live matches. Tudu Enterprises was profiting from unauthorized broadcasting, which harmed ESPN’s commercial interests and fair dealing cannot be used as a defense when the unauthorized use is for commercial gain. The ESPN Software India Ltd. v. Tudu Enterprises case confirmed that rebroadcasting live sports content without authorization is a copyright infringement and set a clear boundary between fair dealing and commercial exploitation, ensuring that exclusive broadcasters retain control over their live content.
(Tungekar, 2021)23 Multiple lawsuits against OpenAI (2025): In early 2025, OpenAI faced multiple lawsuits in India where it as alleged that they made unauthorized usage of copyrighted material for the
22 Oxford v. Rameshwari Photocopy Services (2016)
23 ESPN Software India Ltd. v. Tudu Enterprises (2011)
training of its AI models. The Federation of Indian Publishers which represents major publishers like Bloomsbury, Penguin Random House, and Cambridge University Press has filed a lawsuit against OpenAI claiming that OpenAI had used their copyrighted content without permission and seeked to prevent further usage as well as deletion of datasets used for their AI training. 24 Industrialists Gautam Adani and Mukesh Ambani that own prominent digital news units along with other news outlets like the Indian Express and the Hindustan Times, joined this lawsuit by accusing OpenAI of using their copyrighted content without authorization and emphasized that such actions lead to the undermining of the local media industry.
25 Leading Bollywood music labels, including T-Series, Saregama, and Sony have also expressed intentions to join this lawsuit as they believe the unauthorized use of their sound recordings for AI training violates their copyrights they were concerned about the . 26 Humans of Bombay (HOB) versus People of India (POI): This case revolves around the allegations of copyright infringement raising the questions about fair dealing within India's legal framework. Humans of Bombay (HOB) which was founded in 2014 by Karishma Mehta and is a storytelling platform that shares narratives of individuals from Mumbai. Similarly, People of India (POI) which was established in 2019 by Pritika Kumar and operates as an Instagram-based platform showcases stories from all over India.
In September 2023, HOB filed a lawsuit against POI alleging that they had made unauthorized replication of its content which included photographs and literary works and this was infringing upon HOB's copyrights. 27 The Delhi High Court in its preliminary examination had made the observation that there appeared to be "substantial imitation," and noted multiple instances where images were "identical or imitative. " Thus, the court issued an interim order which restrained POI from using HOB's copyrighted material and scheduled a subsequent hearing to delve deeper into the allegations. 28 24 Kalra, A. , Chaturvedi, A, & Vengattil, M. (25 C. E. , January 24). OpenAI faces new copyright case, from global book publishers in India. www. reuters. com. Retrieved March 9, 2025, from https://www. reuters.
com/technology/openai-faces-new-copyright-case-from -global-book-publishers-in-India- 2025-01-24 25Kalra, A. , & Chaturvedi. (25 C. E. a, January 27). OpenAI to face Indian news firms of Ambani, Adani in copyright battle, documents show. www. reuters. com. Retrieved March 9, 2025, from https://www. reuters. com/technology/openai-face-indian-digital-news-firms-ambani-adani-copyright-battle- 2025-01-27/ 26 Kalra, A. (25 C. E. , February 14). Bollywood music labels seek to challenge OpenAI in India copyright lawsuit. www. reuters. com. Retrieved March 9, 2025, from https://www. reuters. com/technology/artificialintelligence/bollywood-music-labels-seek-challenge-openai-india-copyright-lawsuit-2025-02-14/
27 Agrawal, P. (2024, January 19). COPYRIGHT BATTLE: HUMANS OF BOMBAY VS. PEOPLE OF INDIA
J.P. Associates. J.P. Associates. https://jpassociates.co.in/copyright-battle-humans-of-bombay-vs-people-ofindia/ 28 Singh, S. V. (2023, October 16). Humans of Bombay case: no monopoly over storytelling idea. Lexology. https://www.lexology.com/library/detail.aspx?g=f958f6e7-9d6e-477e-be3d-6e9b0c5a4aaf&utm
In this case, POI might argue that their use of content falls under fair dealing, possibly claiming purposes like review or commentary but since, the court's initial observation was of substantial imitation, establishing this defense could be challenging for POI. The lawsuit attracted significant public attention and the most notable wee the drawing comments from Brandon Stanton, founder of Humans of New York (HONY). Stanton highlighted that while he had overlooked similar appropriations of his work by HOB and found it contradictory for HOB to pursue legal action against POI for similar reasons. This commentary sparked widespread discussions about originality, inspiration, and the boundaries of intellectual property in creative endeavors.
29 The outcome of this case could set a precedent for courts in the interpretation of fair dealing in the digital age which especially concerns content that is shared on social media platforms. This highlights the need for clear guidelines on what constitutes permissible use versus infringement in the realm of online storytelling and content creation. As of now, the case is awaiting further hearings and it could have a major impact on copyright law and fair dealing interpretations in India. Conclusion ‘Fair dealing’ and copyright are two sides of the same coin because they coexist and without each other their existence would not be possible. Fair dealing only provides protection to those infringements which have been provided in the jurisdiction of those laws of the copyright in question.
This gives the indication that regardless of the objective of the copier if a work is duplicated for any reason except for the reasons specified in fair dealing provisions, the duplication will then not be considered fair dealing. The doctrine of fair dealing in India plays a very important role in creating an equilibrium between copyright protection and public interest, specifically in areas such as education, journalism, research, and creative expression. The Copyright Act, 1957 provides a broad framework for fair dealing under Section 52 and the judicial interpretations have shaped the scope of this doctrine, significantly. Courts have been consistent in the reinforcement of the fact that copyright law should not restrict access to knowledge and creativity and should safeguard the owners of the copyright against public misuse.
29 Ghosh, R. (2023, September 26). The entire Humans of Bombay controversy, explained. India Today.
https://www.indiatoday.in/trending-news/story/the-entire-humans-of-bombay-controversy-explained-2440397- 2023-09-25
Landmark cases such as The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services (2016) have augmented the principle that educational use of copyrighted material is a legitimate exception under fair dealing. At the same time, rulings such as ESPN Software India Ltd. v. Tudu Enterprises (2011) have demonstrated that fair dealing cannot be used as a defense for commercial exploitation of copyrighted content in spite of these developments, India’s fair dealing framework faces new challenges in the digital era, particularly concerning online content sharing, artificial intelligence, and digital piracy. With the rise of digital platforms and streaming services, it is crucial for Indian copyright law to adapt to evolving technologies while maintaining a fair balance between access and protection.
In the future, clearer legislative guidelines and judicial interpretations will be essential to harmonize copyright enforcement with the public interest, ensuring that India’s fair dealing doctrine continues to promote innovation, education, and freedom of expression without undermining the rights of content creators.