CONTOURS OF FAIR DEALING IN INDIA: AN ANALYSIS ON JUDICIAL INTERPRETATIONS & DISTINCTIONS

Abstract

The doctrine of fair dealing constitutes one of the most critical yet contested exceptions to copyright protection under Indian intellectual property law. Section 52 of the Copyright Act, 1957 permits limited use of copyrighted works without the authorisation of the right holder, provided such use falls within statutorily prescribed purposes, including private research, criticism, review and reporting of current events. Unlike the open-ended 'fair use' standard adopted in the United States under 17 U.S.C. Section 107, Indian fair dealing operates as a closed, purpose-driven exception, a distinction of both doctrinal and practical consequence. This paper undertakes a comprehensive examination of the doctrine through the lens of Indian judicial interpretation, tracing its evolution from early colonial-era pronouncements to landmark contemporary decisions of the Supreme Court and various High Courts. Drawing upon decisions including Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd., The Chancellor, Masters and Scholars of the University of Oxford v. Narendra Publishing House and the Delhi High Court's analysis in Civic Chandran v. Ammini Amma, the paper critically maps how Indian courts have calibrated the tension between the proprietary interests of copyright holders and the constitutionally grounded public interest in access to knowledge, education, and free expression. The study also engages with the transformative use doctrine, the 'substantial part' test and the growing jurisprudence surrounding digital reproduction and educational exceptions. The paper concludes that while Indian courts have progressively liberalised the doctrine, significant interpretive gaps and structural rigidities remain, necessitating legislative reconsideration for the digital age.

Keywords: Fair Dealing, Copyright Act 1957, Section 52, Judicial Interpretation, Intellectual Property Rights (IPR), Fair Use, Educational Exception, Digital Copyright