Section 52 Copyright Act 1957 lists 'FAIR DEALING' exceptions. Which of the following is NOT a fair dealing under Section 52?
Answer & Solution
Correct answer: C.
1. Section 52(1) Copyright Act 1957 enumerates fair dealing and other exceptions: (a) fair dealing with a literary, dramatic, musical or artistic work for: (i) private or personal use, including research; (ii) criticism or review whether of that work or of any other work; (iii) reporting current events and current affairs including reporting a lecture in public.
2. Sub-clauses (b)-(zc) cover additional exceptions: judicial proceedings; legislative reproduction; reading or recitation in public of extracts; reproduction by teachers / pupils for educational purposes; performance in non-paying enclosed audience; library reproduction; etc.
3. Wholesale reproduction of a copyrighted chapter into a competing textbook is NOT fair dealing — it would infringe Section 51 (it is a substantial reproduction for commercial competition).
4. Hence option D is NOT a fair dealing.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 52(1)(a) etc._
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