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The Death of Criticism: Moral Rights v Fair Dealing in the Indian Context

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Field Value
 
Title The Death of Criticism: Moral Rights v Fair Dealing in the Indian Context
 
Creator Bansal, Sakshat
Vajpeyi, Ananya
 
Subject Moral Rights
Fair Dealing
Criticism
Public Interest
Right of Integrity
 
Description 216-223
Copyright protection is a legal force which has the power to encourage creators/authors by creating propriety rights in
intangible assets. However, its purpose is not limited to serving creators. It also has the onus to balance out the interests of
the society by ensuring reasonable access of ideas to the public at large. Moral rights and fair dealing exist at the two
extremes of this incentive-access balance, necessitating friction in certain cases. This paper is aimed at highlighting a gap in
the Indian legal context, where moral rights have become broad enough to pose a threat to fair dealing, particularly criticism,
which is one of the most important aspects of development in any field. Pursuant to this aim, the paper puts forward an
argument to subjugate moral rights to fair dealing through legislative amendments. Further, it suggests two judicial
standards to navigate through the grey waters of the aforementioned friction.
 
Date 2023-05-30T09:37:57Z
2023-05-30T09:37:57Z
2023-05
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61971
https://doi.org/10.56042/jipr.v28i3.710
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(3) [May 2023]