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According to us our use of any such copyrighted material constitutes a ‘fair use’ as provided in Section 52 of INDIAN COPYRIGHT ACT 1957. Over work is exempted under Section 52 which is describing the acts which do not constitute an infringement of copyright including 52(a)(1) which says about a fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study and 52(a)(2) which says a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events are under ambit of fair use. Section 52(d) exempts the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature, from copyright infringement. Section 52(m) says the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics is under fair use, unless the author of such article has expressly reserved to himself the right of such reproduction. Similarly section 52(n), 52(p) and 52(q) also provides exemption from copyright infringement for use of material under fair use.
We believe that our use of any such copyrighted material constitutes a ‘fair use’ as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: 17 USC § 107 – Limitations on exclusive rights: Fair use
As regards the use of copyrighted material within the European Union. The European Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society provides in its art. 5 an exhaustive list of exemptions that can be implemented by the Member States.
Amongst that list, the exemption(s) invoked must cover the reproduction and communication to the public (since the publication on the Internet implies those two acts). Generally, exemptions will be based on the purpose of the intended use. For instance, the Directive provides for an exemption to the exclusive right of reproduction and communication to the public when it is made for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author’s name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved.
Another exemption is “reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible”.
All the exceptions must comply with the three step test which imply that exemptions must only apply in certain special cases (1) which do not conflict with a normal exploitation of the work or other subject-matter (2) and do not unreasonably prejudice the legitimate interests of the rightholder (3).
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