Difference Between Fair Use And Fair Dealing

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Copyright as provided by the Indian Copyright Act is valid only within the borders of the country but copyright has no territorial limits and is transnational in nature. As access to information, which is copyrighted has become easy all over the world, the need for the development of international standards was required which was originally established by the Berne Convention in the late 19th century. The Berne Convention for the Protection of Literary and Artistic works was established in 1886 and was entered into force on December 5, 1887 and has been revised five times since then. It is administered by the World Intellectual Property Organisation (WIPO).The published and unpublished work of authors of the member countries,

It is intended as a defence against an infringement action, and relies on the argument that the individual made the copy (or even multiple copies under some circumstances) not to damage the legitimate interest of the copyright owner. Typically the act of fair use will permit the use for purposes such as private research, commercial research, book reviewing, private study and criticism, reporting current events and educational purposes. After many revisions in the copyright act, a new term is now being used in context of Fair Use, which is ‘Fair Dealing’. So, why this term came into existence? What is the need of it? How is it different from fair use?

Difference between fair use and fair dealing:
1. Fair use essentially asks one question: is this use fair, considering the fairness factors? Under fair use there is no fixation of the list of purposes, or types of use. What is important, is that the use should be fair whether it is illustrated or not in the list.
2. Fair Dealing on the hand, can only apply to a use of copyright material if the use is one of the prescribed purposes. If a given use does not fall into one of the categories of use, then it cannot be found to be fair. Fair dealing basically asks two questions:
• Is the use is for one of the listed purpose?
• If so, how is the use fair considering the fairness