Comparative Insights into Copyright Disclaimers of the United States and India

Hashimy, Sayed Qudrat (2024) Comparative Insights into Copyright Disclaimers of the United States and India. Annual International Journal of Vaikunta Baliga College of Law (AIJVBCL), 1 (1). pp. 1-12.

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Abstract

A copyright disclaimer is a declaration used to inform users that the content being reproduced is protected by copyright and to assert the rights of the copyright owner. This study explores the various types of copyright disclaimers, their requirements, and the legal framework provided by Section 107 of the US Copyright Act, 1976 and Section 52 of the Indian Copyright Act, 1957. The paper highlights how to write a copyright disclaimer and includes a sample disclaimer. Understanding copyright disclaimers is essential for individuals and organizations seeking to respect intellectual property rights and navigate the complexities of copyright law. This study utilises the doctrinal method of research and examines the fair use and fair dealing doctrines within the context of copyright laws in the United States and India. The research relies on primary and secondary sources to analyse and compare the legal provisions and interpretations of fair use and fair dealing in both jurisdictions. The study focuses on the similarities and differences between the two doctrines, exploring their scope, limitations, and practical applications. The research contributes to the understanding of how fair use and fair dealing are interpreted and implemented in the United States and India, shedding light on the legal framework surrounding the use of copyrighted materials in these countries. By analysing the juxtaposition of these doctrines, this study provides insights into the legal landscape of copyright law in both jurisdictions and offers valuable information for scholars, practitioners, and policymakers working in the field of intellectual property rights.

Item Type: Article
Uncontrolled Keywords: Disclaimer, Copyright Protection, Copyright infringement, Fair Use, Fair Deal, Copyright, unauthorised use of Copyrighted Work.
Subjects: L LAW > LAW
Divisions: Department of > Law
Depositing User: Dr Raju C
Date Deposited: 23 May 2023 09:36
Last Modified: 08 Aug 2024 09:26
URI: http://eprints.uni-mysore.ac.in/id/eprint/17492

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