Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Arjun, a Delhi film producer, uses a 40-second portion of a song from a recently released film in his own commercial film without any licence, claiming it is a fair use. The song's owner sues. Which analysis best fits the Copyright Act, 1957?

Arjun is likely liable for infringement. Fair dealing under the Copyright Act covers only listed purposes such as private use, research, criticism, review and news reporting. There is no fixed time-limit exemption, and merely incorporating a song commercially in his film without licence falls outside these exceptions.

  1. AAny use under one minute is automatically exempt as fair dealing
  2. BUse is exempt because the song has already been published
  3. CFair dealing protects only specified purposes such as private use, research, criticism, review or reporting; commercial incorporation in a film is not covered, so it is likely infringementCorrect
  4. DUse is lawful provided Arjun pays a fee after the film is released

Explanation

Fair dealing is limited to enumerated purposes such as private or personal use, criticism or review, and reporting of current events. No time-length safe harbour exists, and publication does not remove protection. Commercial inclusion in a film without licence is likely infringement.

Did you get it right without looking?

One question tells you little. A timed set on Types of Intellectual Property shows your real accuracy, how long you take and where you lose marks.

Practise Types of Intellectual PropertyFree diagnostic mock

More Types of Intellectual Property questions