Model Answer
0 min readIntroduction
Copyright, a legal right granted to the creator of original works of authorship including literary, dramatic, musical, and certain other intellectual works, protects these works from unauthorized use. Infringement occurs when this exclusive right is violated. However, copyright law isn’t absolute. Several exceptions exist, allowing for certain uses without permission from the copyright holder. One crucial exception, as highlighted in the question, states that quoting from a work already lawfully available to the public generally does not constitute infringement. This principle is rooted in the broader objective of copyright law: to balance the rights of creators with the public interest in accessing and building upon existing knowledge.
Understanding Copyright and Infringement
Copyright law, primarily governed by the Copyright Act, 1957 (as amended), grants exclusive rights to copyright owners, including the right to reproduce, distribute, adapt, and publicly perform their work. Infringement occurs when someone exercises these rights without authorization. This can take various forms, including direct copying, creating derivative works, or facilitating unauthorized access.
The Exception for Lawfully Published Works
The principle that quoting from a work already lawfully made available to the public does not constitute infringement is a cornerstone of the ‘fair dealing’ doctrine. This exception is based on several rationales:
- Promotion of Knowledge Dissemination: Allowing quotations facilitates critical analysis, commentary, and scholarship. It enables authors and researchers to build upon existing work, fostering intellectual progress.
- Public Interest: Restricting quotation would hinder free speech and the exchange of ideas.
- Limited Impact on Market: Quoting small portions of a work generally doesn’t significantly harm the copyright owner’s market for the original work.
Scope and Limitations
However, this exception isn’t unlimited. Several factors determine whether a quotation constitutes infringement:
- Amount Quoted: The portion quoted must be ‘reasonable’ and proportionate to the purpose of the quotation. Excessive or substantial copying can still be considered infringement.
- Purpose of Quotation: The quotation must be for legitimate purposes like criticism, review, reporting current events, research, or private study.
- Proper Attribution: The source of the quotation must be clearly acknowledged. Failure to do so can constitute plagiarism and potentially infringement.
- Fair Dealing vs. Fair Use: While 'fair dealing' is a specific legal term used in Indian Copyright Law, the concept of 'fair use' (more prevalent in US law) allows for broader exceptions based on transformative use.
Illustrative Examples
Consider these scenarios:
- A journalist quoting excerpts from a government report in a news article – generally permissible.
- An academic citing passages from a book in a research paper – generally permissible, provided proper attribution is given.
- A commercial entity reproducing large portions of a song in an advertisement without permission – likely infringement.
Relevant Case Law
The landmark case of Eastern Book Company v. D.B. Modak (2007) clarified the scope of ‘fair dealing’ in the context of law reports. The Supreme Court held that systematic material comprising substantial reproduction of copyrighted work, even with acknowledgement, does not qualify as fair dealing. This case emphasizes the importance of the ‘quality’ and ‘quantity’ of the reproduced material.
| Aspect | Details |
|---|---|
| Governing Act | Copyright Act, 1957 (as amended) |
| Key Principle | Quoting from lawfully available works doesn't automatically infringe copyright. |
| Limitations | Amount quoted, purpose of quotation, proper attribution. |
| Relevant Case | Eastern Book Company v. D.B. Modak (2007) |
Conclusion
In conclusion, the exception allowing quotation from lawfully published works is a vital component of copyright law, balancing the rights of creators with the public’s interest in accessing and utilizing information. However, this exception is not absolute and is subject to limitations regarding the amount quoted, the purpose of the quotation, and the necessity of proper attribution. A nuanced understanding of these factors is crucial to avoid copyright infringement while promoting intellectual discourse and innovation.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.