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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | FAIR DEALING UNVEILED IN INDIA: EVOLUTION AND CHALLENGES |
| Authors Name: | Abhishek Yadav |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_215735
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| Published Paper Id: | IJNRD2403289 |
| Published In: | Volume 9 Issue 3, March-2024 |
| DOI: | http://doi.one/10.1729/Journal.38445 |
| Abstract: | Copyright law operates on a delicate equilibrium between the rights of copyright owners and the interests of the general public. Fair dealing is an essential and fundamental element of copyright law. This philosophy is crucial to achieving a delicate balance between authors' competing monopolistic interests and the larger creative interests of society as a whole. The primary objective of this paper is to delve into a comprehensive analysis of the fair dealing doctrine, tracing its development, scrutinizing its inherent limitations, and examining its practical application, all within the specific context of India. This examination aims to shed light on how a delicate equilibrium is established and maintained between the exclusive rights granted to authors and creators and the broader interests of the public in a country marked by rapid progress and growth, which is India. To achieve this overarching goal, the study will adopt a multifaceted approach. It will not only dissect the legal provisions meticulously outlined in statutory frameworks but also delve into the intricate nuances of the fair dealing doctrine as interpreted and clarified through judicial precedents. By combining these legal perspectives, the analysis seeks to provide a comprehensive and nuanced understanding of the subject matter at hand. In essence, this paper endeavors to serve as a substantial exploration of fair dealing in the Indian context, bridging the gap between legal theory and practical application. It strives to offer a comprehensive view of the evolution, constraints, and implementation of fair dealing, ultimately contributing to a deeper understanding of how copyright law operates in a nation experiencing rapid transformation and progress. By shedding light on the intricacies of fair dealing, the paper aims to illuminate the path for a more informed and nuanced approach to copyright regulation within a dynamic and evolving societal landscape. |
| Keywords: | fair dealing, fair use, protection, infringement, transformative nature, substantial taking, copyright act, intellectual property rights, |
| Cite Article: | "FAIR DEALING UNVEILED IN INDIA: EVOLUTION AND CHALLENGES", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 3, page no.c719-c731, March-2024, Available :http://www.ijnrd.org/papers/IJNRD2403289.pdf |
| Downloads: | 00041 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
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Published Paper ID:IJNRD2403289 Registration ID: 215735 Published In: Volume 9 Issue 3, March-2024 DOI (Digital Object Identifier): http://doi.one/10.1729/Journal.38445 Page No: c719-c731 Country: Rewari, Haryana, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2403289 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2403289 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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