Sunita has taken some books from library and she wants to reproduce 'Verbatim' and she wants to use the same for her LL.M. thesis. She would like to know from you whether she will be violating any Copyright protection in

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2022
Sunita has taken some books from library and she wants to reproduce 'Verbatim' and she wants to use the same for her LL.M. thesis. She would like to know from you whether she will be violating any Copyright protection in doing so. Also brief her about the exceptions and protection available to protect the interest of the users under Copyright law.

Answer & Explanation:

Verbatim reproduction of pages of the book for the LL. M thesis is not protected under the fair use doctrine of the Copyright Act, 1957. The case of Fateh Singh Mehta v OP Singhal decided by the Rajasthan High Court deals with similar set of facts whereby research thesis submitted by the respondent was copied verbatim to large extent by the appellant for preparing his Ph.D. thesis. It was held to be infringement on part of the appellant. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. It includes: for the purpose of research or private study, for criticism or review, for reporting current events, in connection with judicial proceeding. for the purpose of education and religious ceremonies Section 52 of the Copyright Act, 1957 provides for various other purposes which will constitute fair use of copyrighted material.

Topics: Intellectual Property Rights

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