Sana Singh


10/06/2020

 

Section 52 of the Copyrights Act, 1957 provides for certain exceptions to infringement of copyright and the said provision allows limited use of copyrighted works without the permission of the copyright holder. Such use of the copyrighted works is usually termed as fair use or fair dealing of such works and this does not amount to infringement.

 

The entire Section has been reproduced below in the table identifying the various clauses of fair dealing and fair use:

 

Sections Applicability
52(1)(a)(i)- Fair dealing of any work for private or personal use, including research All works except Computer Programmes
52(1)(a)(ii) – Fair dealing of any work for criticism or review All works except Computer Programmes
52(1)(a)(iii) – Fair dealing of any work for reporting of current events and current affairs All works except Computer Programmes
52(1)(aa) – Use of work for the purpose for which it is supplied or making copies Computer Programmes
52(1)(ab) – To obtain information essential for operating inter-operability of an independently created work by a lawful possessor Computer Programmes
52(1)(ac) – Observation, study or testing in order to determine the ideas and principles Computer Programmes
52(1)(ad) – Making of copies or adaptation of the work from a personally legally obtained copy for non-commercial personal use Computer Programmes
52(1)(b) – Transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public All works
52(1)(c) – Transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration All works
52(1)(d) – Reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding All works
52(1)(e) – Reproduction by Legislature All works
52(1)(g) – Reproduction for  obtaining certified copy All works
52(1)(g) – Reading or reciting extracts in public Literary or dramatic works
52(1)(h) – Publication in collection of non-copyright matter, bona fide intended for instructional use Literary or dramatic works
52(1)(i)(i) – Reproduction by teacher or pupil All works
52(1)(i)(ii) – Reproduction as part of questions to be answered in examination All works
52(1)(i)(iii) – Reproduction as part of answers in an examination All works
52(1)(j) – Performance in an education institution like school or college All works
52(1)(k)(i) – A recording to be heard in an enclosed room for common use of residents in any residential premises Sound recordings
52(1)(k)(ii) – A recording to be heard as part of the activities of a club or similar organisation which is not established or conducted for profit Sound recordings
52(1)(l) – Performance by an amateur club and performance is given to a non-paying audience, or for the benefit of a religious institution Literary, musical or dramatic work
52(1)(m) – Reproduction in a newspaper, magazine or article All works
52(1)(n) – Storing of a work in any medium by electronic means by a non-commercial public library All works
52(1)(o) – Making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge for the use of the library if such book is not available for sale in India; Literary works
52(1)(p) – Reproduction for purposes of research, private study or publication Literary, dramatic or musical works
52(1)(q)(i) – The reproduction or publication of any matter published in Official Gazette except an Act of a Legislature All works
52(1)(q)(ii) – Any Act of a Legislature when reproduced or published together with any commentary Literary work
52(1)(q)(ii) Report of any committee, commission, council, board appointed by Government Literary work
52(1)(q)(iv) – Any judgement or order by court, tribunal or other judicial authority Literary work
52(1)(r)(i) – The production or publication of a translation in any Indian language of an Act of a Legislature if no translation of such Act or rules or orders in that language has been previously been produced or published by the Government Literary work
52(1)(r)(ii) – The production or publication of a translation in any Indian language of an Act of a Legislature if the translation is not available for sale to the public Literary work
52(1)(s) – The making or publishing of a painting, drawing, engraving or photograph of a work Artistic work
52(1)(t) – The making or publishing of a painting, drawing, engraving or photograph of a sculpture if such work is permanently situated in a public place Artistic work
52(1)(u)(i) – The inclusion in a cinematograph film of any work permanently situated in a public place Artistic work
52(1)(u)(ii) – The inclusion in a cinematograph film of any other work by way of background or incidental to the principal matters Artistic work
52(1)(v) – The use by the creator of work, where the creator of such work made by him for the purpose of the work Artistic work
52(1)(w) – Making three dimensional object from two dimensional work Artistic work
52(1)(x) – Reconstruction Architectural drawings
52(1)(y) – Exhibition Cinematographic films
52(1)(z) – Storage Sound recordings and Cinematographic films
52(1)(za) – Performance in religious ceremony or ceremony held by Central Government, Statement Government or local authority or marriages Literary, 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 materials Literary or artistic works