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April 20, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “Can Digital Academic Libraries Fall Within the Fair Dealing Exception under Copyright Law?”

Featuring: Tanisha Agarwal

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Tanisha Agarwal, Associate, on “Can Digital Academic Libraries Fall Within the Fair Dealing Exception under Copyright Law?”. The seminar delved into the concepts of ‘course of instruction’, ‘non-commercial public library’ and ‘private or personal use including research’ which are provided as exceptions to infringement of copyright under the law. Reliance was placed on relevant judicial decisions to understand whether digital academic libraries fall within the ambit of fair dealing. The session concluded with an interesting discussion on the concept of ‘controlled digital lending’ and how an expansive and conjoint reading of Section 52(1) clauses (i) and (n ) provides ample scope for digital academic libraries to avail the fair dealing exception.

The presentation can be accessed here.

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