Tag : #Fair use

Copyright was introduced in India in order to give some rights to the original makers in the field of literature, drama, music and various other works involving the work of mind .It means that the maker has got the sole right of duplicating his/her work and no other is responsible and has got the right to do the same.

A trademark is a symbol that can differentiate between the products or services of one owner and those of other owners. Section 2(1)(m) of the Trade Mark Act 1999 specifies the 'mark' includes devices, brands, headings, logos, tickets, titles, signatures, words, letters, numbers, shapes of goods, packaging or colour variations, or any combination thereof.

Fair use, when used in legal terms relating to Intellectual Property Rights, means using or copying a copyrighted material within a limited scope and without being the first one to get its rights or acquire permission from the rights-holder prior to use such copyrighted material. It is generally used as a defence in cases of “Transformative use” such as criticizing a work, creating a parody, giving an opinion or commenting on a work etc. the law allows to use any work for such purposes. In other words, it is a defence against any copyright infringement claim by the rightful copyright holder of the material so used. Deciding whether the particular use of the material is categorized under the defence of fair use or is it to be treated as a copyright infringement is completely at the discretion of the courts.