Fair Use Under Indian Copyright Law: What You Can (and Can’t) Legally Use

📘 Introduction

You’ve found the perfect clip, image, or quote for your content—but can you use it without infringing copyright? The answer lies in the concept of fair use under Indian copyright law, one of the most misunderstood yet important exceptions for creators, educators, journalists, and businesses.

This guide breaks down what constitutes fair use in India, how it differs from other jurisdictions, and where courts draw the line.

⚖️ What is Fair Use Under Indian Copyright Law?

In India, the legal term for fair use is actually "fair dealing", covered under Section 52 of the Copyright Act, 1957. It allows limited use of copyrighted works without seeking permission from the rights holder—provided the use falls within specific exceptions.

📌 Fair dealing is not a free pass—it's a limited exception, not a right.

✅ Situations Where Fair Use is Allowed in India

According to Section 52(1), fair use is permitted in the following key scenarios:

1. Private or personal use, including research

   • Reading, quoting, or referencing copyrighted works for study or private reference.

2. Criticism or review

   • Using excerpts or clips for film, book, or product reviews.

3. Reporting current events or news

   • Use of visuals, excerpts, or commentary when covering recent developments.

4. Teaching and academic use

   • Use in classrooms, exams, or research papers by teachers or students.

5. Parody and satire

   • While not expressly listed, Indian courts have recognized parody as part of fair dealing.

6. Judicial proceedings or legislative use

   • Use in court, tribunal, or legislative bodies.

💡 Each use must be justified under the specific purpose and not be excessive or exploitative.

❌ What Does Not Qualify as Fair Use?

• Using an entire copyrighted work (e.g., full movie, full song) even for educational use.

• Uploading protected content to YouTube or Instagram with monetization.

• Commercial use under the guise of criticism or commentary.

• Using someone’s work in a way that competes with or devalues the original.

viewership or generate profits, even if accompanied by critique.

🔍 Four-Factor Test for Fair Use: Indian Courts’ Approach

Although not explicitly codified in India (unlike the U.S.), courts often apply the following principles:

1. Purpose and character of the use (educational vs. commercial)

2. Nature of the copyrighted work

3. Amount and substantiality of the portion used

4. Effect of the use on the potential market or value

🎯 Tips for Using Content Fairly

• Use only the amount necessary to make your point.

• Give clear attribution even if fair use applies.

• Avoid high-resolution or complete versions.

• Where possible, seek permission—especially for commercial use.

🧑‍💼 Fair Use for Startups, Influencers, and Educators

• Startups: Avoid using stock images or videos without licenses—even if it’s “just a demo.”

• Influencers: Using background music or movie clips can trigger copyright strikes.

• Educators: Can use excerpts in lectures and materials, but uploading full PDFs/videos online may cross the line.

✅ Conclusion

Understanding fair use under Indian copyright law is essential for anyone working with content—online or offline. While the law allows flexibility, it comes with boundaries. When in doubt, seeking legal advice or obtaining licenses is the safest route.

At Apar Law, we help creators, platforms, and educators navigate copyright risks, enforce rights, and craft compliant content strategies.