Question Description
Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer?.

Solutions for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.Section 14(c) of the Copyright Act, 1957 states all the rights that a creator of an artistic work has. They include right to reproduce, right to make the work public, and right to grant permission to include the work in movies or films and also for any adaptation of the work. Any work which violates the rights of the creator mentioned under the Act shall be an act of infringement on the copyright of the original work. Any work which has similarity to the original work but it is still new on its own, then such works shall not be considered as works which infringe copyright. In order to prove copyright violation, reproduction of the original work must be in such a way that there must be an exact or substantial reproduction of the original matter, physically using that original matter as a model as distinguished from an independent production of the same thing, or producing it from ideas stored in the mind, if those ideas were borrowed from the alleged infringed work.In the case R. G. Anand v. Deluxe Films, the Supreme Court observed that the best way to examine whether there has been copyright infringement is to see if a third party who reads or views the work thinks mistakenly that the latter is related to the former. If the ratio of R. G. Anands case is considered, then generally a third party who views a meme wont relate the same to the original work. But is this test sufficient enough to find out whether a meme is infringing copyright laws? There might be chances that the meme may be portrayed in such a way that a third party looking at it might think of it as something related to the original work. Sometimes memes degrade the original work and the owner of such work can bring a suit against such infringing material in order to stop such memes from spreading. In such cases, it will be clear and evident that such memes are infringing the copyright laws. But this might not be the case as the fair use doctrine can save the meme maker from being punished under the law.In this way, the freedom of expression and the right of a copyright holder remain parallel without affecting each other.The fair use doctrine is an essential part of the copyright law. It allows copyrighted work to be reproduced or used in a certain way. Unlike the Indian Copyright Act, the US Copyright Act provides for fair use defence.The defences include that the use is commercial or for non-profit. This checks if the use of work can be transformative or not and secondly the character or nature of copyrighted work, the amount of portion taken, and the consequence of such use on the market.Q.A creates an unpublished soundtrack which he lets B to listen to it. B, who is a friend of A, copies the soundtrack and makes C listen to it. A gets to know about this and claims infringement of copyright. Will the action sustain in the court?a)The action will not lie as no infringement of copyright is done by anyone.b)The action will not lie as B only showed it to his friend which falls under private use.c)The action will lie as B made the work public without As consent.d)The action will not lie as B had no malafide interest for such an infringement.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.