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Copyrights, Fair Dealing, and Fair Use in India

BananaIP Counsels > Copyrights  > Copyrights, Fair Dealing, and Fair Use in India

Copyrights, Fair Dealing, and Fair Use in India

The featured image shows a Doodle work on Fair dealing and Fair use under Copyright Act, 1957.

Fair dealing provisions under the Indian Copyright Act, 1957 as amended in 2012 exempt certain activities from the purview of copyright infringement. While certain exceptions mentioned under Section 52(1) of the Copyright Act are applicable to all kinds of works in which copyright subsists, the applicability of certain provisions are restricted to specific works. The following table identifies the various fair dealing and fair use provisions under the Copyright and its applicability to specific works:


52(1)(a)Fair dealingAll works
52(1)(a)Private or personal use, including researchAll works
52(1)(a)Criticism or reviewAll works
52(1)(a)Reporting of current events and current affairsAll works
52(1)(aa)Making copies for back-upComputer programmes
52(1)(ab)Obtaining information for inter-operabilityComputer programmes
52(1)(ac)Observation, study or testingComputer programmes
52(1)(ad)Making copiesComputer programmes
52(1)(b) and 52(1)(c)Transient or incidental storageAll works
52(1)(d)Reproduction in judicial proceedingsAll works
52(1)(e)Reproduction by LegislatureAll works
52(1)(f)Reproduction for  obtaining certified copyAll works
52(1)(g)Reading  or reciting reasonable extracts in publicLiterary or dramatic works
52(1)(h)Publication in collection of non-copyright matterLiterary or dramatic works
52(1)(i)Reproduction by teacher or pupilAll works
52(1)(i)Reproduction as part of question paper or answer paperAll works
52(1)(j)Performance in an education institutionAll works
52(1)(k)A recording to be heard in an enclosed room or non-profit clubSound recordings
52(1)(l)Performance by an amateur clubLiterary, musical or dramatic work
52(1)(m)Reproduction in a newspaper, magazine or articleAll works
52(1)(n)Storage by libraryAll works
52(1)(o)Storage by libraryLiterary works
52(1)(p)Reproduction for purposes of research, private study or publicationLiterary, dramatic or musical works
52(1)(q)Any matter published in official GazetteAll works
52(1)(q)Act of a LegislatureLiterary work
52(1)(q)Report of any committee, commission, council, board appointed by GovernmentLiterary work
52(1)(q)Any judgement or order by courtLiterary work
52(1)(r)Production or publication of translation of any Acts or Orders by the GovernmentLiterary work
52(1)(s)  52(1)(t)



Publishing any painting, drawing or photograph of a work

Inclusion in any cinematographic film of a work

Artistic work
52(1)(w)Making three dimension object from two dimensional work Artistic work


52(1)(x)ReconstructionArchitectural drawings
52(1)(y)ExhibitionCinematographic films
52(1)(z)StorageSound recordings and Cinematographic films
52(1)(za)Performance in religious ceremony or ceremony held by Central Government, Statement Government or local authority or marriagesLiterary, musical, dramatic works or sound recordings
52(1)(zb)Conversion of copyrighted books/ materials into accessible format for the disabled


All works
52(1)(zc)Importation of promotional materialsLiterary or artistic works

Authored by: Nithin V Kumar, BananaIP Counsels

Image source or Attribution here, governing license CC-BY-NC-SA 2.0

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