Fair Use of Cinematograph Films and Sound Recordings: Finding the Solution in the Amendment
Volume 5 Issue 4 (2012)
With enhanced access to cheaper communication technology, a large majority of the public has moved from being mere passive consumers to active creators and re-mixers of content. The Copyright (Amendment) Act of 2012 has also extended the ‘ fair dealing’ provision to all works. In this context, a crucial question that arises is what constitutes ‘ fair dealing’ of cinematograph films and sound recordings, especially in the context of ‘criticism
and review’. This paper examines the ambit of ‘criticism’ and the extent to which re-contextualised works such as parodies would be protected as a critique of the original. The provision for fair dealing is also analysed through the prism of the right to freedom of speech and expression. The possibility of conflict between the moral rights of the author of a work and the fair dealing provision is also explored. Through this paper, the author argues for a wider reading of the term ‘criticism’ along with the recognition of quotation rights, to ensure that the grant of the copyright does not become an unreasonable restriction on free speech and expression.