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Directions: Read the following passage and answer 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. Anand's case is considered, then generally a third party who views a meme won't 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.
[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]
Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?
  • a)
    The level of degradation of the original work caused by the alleged infringing material.
  • b)
    Whether a third party mistakenly thinks that the infringing work is related to the original work.
  • c)
    The commercial intent of the meme maker.
  • d)
    The extent of similarity between the meme and the original work.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.Section...
The passage discusses the Supreme Court's approach to examining copyright infringement in the context of R. G. Anand v. Deluxe Films. According to the passage, the primary criterion used by the Supreme Court is whether a third party mistakenly believes that the infringing work is related to the original work. This criterion focuses on the perception of third parties who view or read the work in question. It implies that if a third party, upon seeing the infringing work, could reasonably conclude that it is somehow connected or related to the original work, copyright infringement may be at play. This criterion emphasizes the potential confusion or association between the two works.
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Community Answer
Directions: Read the following passage and answer the question.Section...
Understanding the Primary Criterion for Copyright Infringement
The passage highlights the Supreme Court's evaluation of copyright infringement through a specific lens:
Key Criterion: Third-Party Perception
- The main test established by the Supreme Court in the case of R. G. Anand v. Deluxe Films is whether a third party, upon viewing the work in question, mistakenly believes it is related to the original work.
- This criterion emphasizes subjective perception, focusing on the audience's interpretation rather than the technicalities of reproduction or degradation.
Implications of the Criterion
- If a meme or any derivative work is viewed by an observer and they conclude that it is linked to the original work, this may indicate potential infringement.
- However, the passage also notes that typically, memes are unlikely to create such confusion among viewers. This suggests a lower threshold for determining infringement in many cases.
Additional Considerations
- While the perception of third parties is central, the passage acknowledges that there are nuances, such as the potential for memes to degrade the original work, which may lead to infringement claims.
- The existence of the fair use doctrine in copyright law also plays a crucial role, as it can protect meme creators under certain conditions, allowing for transformative uses of original works without infringing on copyright.
Conclusion
In summary, the Supreme Court's primary criterion for examining copyright infringement is the potential misunderstanding by a third party regarding the relationship between the infringing work and the original. This focus on perception is pivotal in determining whether copyright laws have been violated.
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Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. 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: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. 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: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. 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: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer 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.[Extracted, with edits and reviews, from Copyright Law in India, article by legalserviceindia]Q. According to the passage, what is the primary criterion used by the Supreme Court to examine copyright infringement?a)The level of degradation of the original work caused by the alleged infringing material.b)Whether a third party mistakenly thinks that the infringing work is related to the original work.c)The commercial intent of the meme maker.d)The extent of similarity between the meme and the original work.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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