Fair Dealing Copyright Law Justifications Exceptions and Limitations Fair Dealing in the US Prof. Sudhir Krishnaswamy

Justifications Clause specific justifications OR General justifications for Fair Dealing

General Justifications Constitutional Law Right to Property Right to Freedom of Expression

Law and Economics Market Failure Unfair Competition

Creativity Aesthetic Technological

Exceptions and Limitations Balance between artist and public interest Creation-Intermediaries- Users/Producers

Evolution of Fair Use Law US Source – Folsom v Marsh Section 107 of the Copyright Law

Common Law Source In short, we must often, in deciding questions of this sort, look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, and diminish the profits, or supersede the objects, of the original work.

Section 107 Act Limitations on exclusive rights: Fair use: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Four pronged test

Judicial Attitude to Fair Use Unpredictable and Chaotic Patterns discernible – Beebe Policy Clusters – Samuelson

Conclusion Three step test is not a substitute for a detailed exceptions and limitations Policy Clusters – refinement Personal Uses and New Technology