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Exceptions to The Copyright Infringement Act: Are They Really Being Implemented?

Abstract:

The practical application of exceptions to copyright infringement is examined in this article, with a special emphasis on Section 52 of India's Copyright Act and global viewpoints. It examines exceptions such as fair use and educational use and emphasizes the critical role that copyright plays in preserving creators' exclusive rights throughout artistic fields. The Department of Promotion of Industry and Internal Trade has released a public notice to address the recent worries about royalties during marriage ceremonies and sparks a discussion on the implementation of these exceptions. The discussion takes into account the worldwide context, referencing the US's revolutionary fair use concept as demonstrated by the Andy Warhol Foundation v. Goldsmith case. The article's conclusion highlights continued efforts to strike a compromise between society's interests and creators' rights of copyright.

 

Introduction

With advancements in technology, Intellectual property rights have become an important part of our society now. Intellectual property also consists of many forms of different rights one of which is copyright. Copyright law is widely used in the whole world on a greater level due to innovation and the growth of artistic work. Does it mean that no other person will be able to use what I created, even for personal pleasure? Someone once said, that everything newly created on this earth has once taken inspiration and included parts of what’s already created, so wouldn’t every new thing created be an infringement of some other creation? The answer is no. The question we are going to discuss here is whether the exceptions to the copyright act really being enforced or not.


What is Copyright?

Copyright serves as a legal structure offering exclusive rights to creators and proprietors of original artistic endeavors. This legal mechanism safeguards diverse creative works and extends its protection over a wide range of artistic mediums, encompassing writing, music, films, etc. Authors are empowered with the right to control and determine how their works are utilized, distributed, reproduced, exhibited, or performed by others.

What Are the Exceptions to Copyright Infringement?

Section 52 of the Copyright Act of India, 1957 outlines various acts that do not constitute copyright infringement. Some key exceptions include:


1. Fair Use: “Fair use of literary, dramatic, musical, or artistic works for private use, research, criticism, or review is allowed. This includes the making of copies or adaptations of computer programs for personal use, back-ups, and interoperability.

2. Educational Use: Reproduction of works for educational purposes, performance in educational institutions, and making sound recordings for educational purposes are exempted.

3. Reporting Current Events: Fair dealing with works for reporting current events in newspapers, magazines, or through broadcasts is permitted.

4. Judicial Proceedings: Reproduction of works for judicial proceedings or reporting on judicial proceedings is exempted.

5. Government Works: Reproduction or publication of works by the Secretariat of a Legislature for legislative use is not considered infringement.

6. Public Libraries: Making copies of books by public libraries and reproducing unpublished works in libraries for research or private study are exceptions.

7. Official Publications: Reproduction or publication of official gazettes, legislative acts, reports of committees, and court judgments are exempted.

8. Artistic Works in Public Places: Making or publishing paintings, drawings, or photographs of works of architecture or sculptures permanently situated in public places is allowed.

9. Religious and Official Ceremonies: Performance or communication to the public of works during religious or official ceremonies is exempted.

10. Ephemeral Recording: Broadcasting organizations can make ephemeral recordings for their own broadcast and retain them for archival purposes.”

These exceptions aim to balance the protection of copyright with the need for public access and use of creative works in specific contexts.


What’s in The News?

The news is about the collection of royalties by the Copyright Societies for playing musical works, sound recording, etc. in ceremonies relating to marriages before the issue of a public notice by the Department of Promotion of Industry and Internal Trade (DPIIT) in the Ministry of Commerce & Industry in July 2023 after several complaints were made in this regard.


“The ministry’s circular read- It is commonly known that certain actions make an exception to the copyright infringement as stated in Section 52 of the Copyright Act of 1957. The Central Government, State Governments, or any local authority may not organize an official event or a legitimate religious ceremony that involves the performance or public communication of literary, dramatic, or musical works, including sound recordings, without violating copyright laws, as stated in Section 52 (1) (za). Regarding this provision, a marriage procession and other related celebrations are included in a religious service.


The ministry demonstrated compliance and recognition of the exemption provision since the public notice provided advises the public against complying with any such requests from any person, entity, or copyright society.”


Image Source: http://surl.li/qdukx


What’s the International Scenario Surrounding the Law?

Exceptions to the copyright infringement act are being interpreted and transformed on the international level like in the USA, one example of which is the “transformative fair use doctrine”. “Supreme court case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is an appeal in which Andy Warhol’s Prince Series was not a fair use of a copyrighted photograph of the artist Prince taken by Lynn Goldsmith in 1981 as the image remained Orange Prince's “recognizable foundation.” SC in its decision of May 2023 gave the similar decision but reasoning was a little different and was based on the context of the usage of the product rather than the product. The first fair use factor takes into account whether using a copyrighted work has a different purpose or character. This is an issue of degree, and the usage's commercial aspect must be taken into account when weighing the difference in degree. Therefore, maintaining and interpreting the exclusions to copyright infringement is a frequent task for the courts.


Conclusion

Copyright safeguards creators' exclusive rights to various artistic works, with Section 52 of India's Copyright Act delineating exceptions like fair use and educational use. Recent concerns over collecting royalties for music at weddings led to a public notice emphasizing the exemption of such events from copyright infringement. Globally, the transformative fair use doctrine, as seen in the US Supreme Court's Andy Warhol Foundation v. Goldsmith case, reflects ongoing efforts to balance intellectual property protection. These exceptions seek to reconcile copyright protection with societal needs, requiring awareness, compliance with legal provisions, and adaptation to evolving creative dynamics for a nuanced balance between creators' rights and broader societal interests.

 

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*This article is authored by Chetna Gupta, Student of Symbiosis Law School, Noida and reviewed by Agam Tandon, Student of Symbiosis Law School, Noida.



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