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Legal Needs [This Network is not currently active and cannot accept new posts] | | Topics
Fair use in copyright??Views: 125
Dec 13, 2008 6:56 am re: re: re: Fair use in copyright??
Urvashi Basak Dear Ritu,

Your use of copyrighted images of the internet for use in your research will come within the ambit of fair dealing as laid down in Sec. 52 (a) of the Copyright Act, 1957.

Sec. 52 of the Copyright Act exempts certain acts from infringement of copyright.

Sec. 52 Certain acts not to be infringement of copyright-

(1) The following acts shall not constitute an infringement of copyright, namely:-

(a) a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme,] for the purposes of-
[private use, including research];

What is or is not a fair dealing depends upon the circumstances of each case. In determining the issue of fair use, the court considers the following:-

1) the nature, scope and purpose of the works in question;
2) the extent, relative value, purpose and effect of the material appropriated;
3) intent



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