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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 factor does the U.S. Copyright Act consider when applying the fair use defense?
  • a)
    The nationality of the copyright holder.
  • b)
    The level of creativity in the copyrighted work.
  • c)
    The profit earned from the copyrighted work.
  • d)
    The nature of the copyrighted work, the amount taken, and its impact on the market.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.Section...
The passage briefly mentions the U.S. Copyright Act and its fair use defense. According to the passage, the U.S. Copyright Act considers several factors when applying the fair use defense. These factors include:
  • The nature of the copyrighted work: Some works may be more susceptible to fair use than others, depending on their nature.
  • The amount taken: Using only a small portion of the copyrighted work may be more likely to be considered fair use than using a substantial portion.
  • The consequence of such use on the market: If the use of copyrighted material negatively affects the market for the original work, it may weigh against a fair use defense.
These factors help the court determine whether a particular use of copyrighted material qualifies as fair use under U.S. copyright law.
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Directions: Read the following passage and answer the question.Section...
Understanding Fair Use in U.S. Copyright Law
The fair use doctrine is a crucial aspect of copyright law, particularly under the U.S. Copyright Act. It provides guidelines on when the use of copyrighted material is permissible without infringing on the rights of the copyright holder.
Key Factors Considered in Fair Use Defense:
- The nature of the copyrighted work: This factor examines whether the work is factual or creative. Creative works are afforded more protection, while factual works may allow for more leeway in usage.
- The amount of portion taken: This evaluates how much of the original work is used. Generally, using a smaller portion is more likely to be considered fair use, whereas using a larger portion may not qualify.
- The impact on the market: This assesses whether the new use negatively affects the market value of the original work. If the new work serves as a substitute for the original, it's less likely to be regarded as fair use.
Conclusion:
In summary, the U.S. Copyright Act’s fair use defense involves a comprehensive analysis of these three factors. By considering the nature of the work, the extent of use, and the market impact, courts can determine whether a use qualifies as fair use. This balance helps to protect both the rights of copyright holders and the freedoms of creators and users, fostering creativity and innovation while respecting original works.
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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?

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. In what way can the fair use doctrine potentially protect a meme maker from copyright infringement under the law?

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 Section 14(c) of the Copyright Act, 1957, what is considered an act of infringement on the copyright of an original work?

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. How does the passage describe the relationship between the freedom of expression and the rights of a copyright holder?

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.The government of India passes a law wherein it is stated that a person cannot claim freedom of expression when the same is in violation of copyright law. Decide whether this law will be valid.

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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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. Can you explain this answer?
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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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. 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 factor does the U.S. Copyright Act consider when applying the fair use defense?a)The nationality of the copyright holder.b)The level of creativity in the copyrighted work.c)The profit earned from the copyrighted work.d)The nature of the copyrighted work, the amount taken, and its impact on the market.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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