Upgrad LLM

Questionnaire - Fair Dealing in Copyrights

This query is : Resolved 
 



Guest (Querist)
02 October 2009

As part of my curriculum, I am gathering data on the topic of fair dealing in copyright. The questions are directed towards getting first hand information about issues related to the topic.
I sincerely request the experts panel to respond to this questionnaire to enable me to put together this research. Thanks in Advance.

Questionnaire
Question No. 1

Do you believe that the currently existing legal provisions and enforcement machinery in India pertaining to Copyright Law are adequate?

Yes, they are adequate

No, but they just about make the cut.

No, they need a complete overhaul to deal with the changed times.

Question No. 2

Do you believe that laws in India, specifically with regards to fair dealing in copyright law?

Yes, they are adequate

No, but they just about make the cut

No, they need a complete overhaul to deal with the changed times.

Question No. 3

Some countries keep the threshold of ‘Fair Use’ in certain copyrights to a maximum of 10% of the copyright work. Do you think this is a rationale distinction to determine fair use?

Yes

No

Question No. 4

If you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement, what is the area that in your expert belief needs more improvement?

Legislative reforms – Like more specific legislation on the topic

Speedy and effective implementation – Stronger enforcement machinery with wider powers

Bigger and stronger administrative machinery to effectively deal with complaints

Other – Please specify

Question No. 5

Which area, in your expert opinion is the biggest area in which the ‘fair use’ doctrine is misused? (Either by copyright owner or alleged infringer)

Copyrighted written works (literary)

Copyrighted artistic works (news media, performance)

Copyrighted dramatic works (theater, movies etc.)

Any other (Please specify)

Question no. 6

Amongst the well known modes of fair use, which mode is the most used as defense by users of copyrighted work?

Research

Non-commercial use with acknowledge of copyright of owner

Imparting education

Criticism/Review of work

Contesting the copyright of the work itself

Contesting that alleged infringement involves application of mind and not a copy of previous work

Other (Please Specify)

Question No. 7

Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?

Yes

No, but we are getting there

Not at all, there is a need for awareness about this doctrine amongst users

Question No. 8

What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright?

Very proficient - Most of them are experts in Intellectual Property Law

Proficient - Achieved proficiency through experience over the years

Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.



Raj Kumar MakkadOnline (Expert)
03 October 2009

Q no. 1

No, they need a complete overhaul to deal with the changed times.

Q no. 2

No, they need a complete overhaul to deal with the changed times.

Q no. 3

No

Q no. 4

Speedy and effective implementation – Stronger enforcement machinery with wider powers


Q no. 5

Almost in all copyright areas including the indicated.

Q no. 6

Contesting the copyright of the work itself
as well as all other defense available indicated here and some more as per requirement.

Q no. 7

Not at all, there is a need for awareness about this doctrine amongst users


Q no. 8

Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.

Adinath@Avinash PatilOnline (Expert)
03 October 2009

Q NO.1
No, they need a complete overhaul to deal with the changed times.
Q NO.2
No, they need a complete overhaul to deal with the changed times.
Q NO.3
YES
Q NO.4
Legislative reforms – Like more specific legislation on the topic
Q NO.5
Copyrighted artistic works (news media, performance)
Q NO.6
Research
Q NO.7
Not at all, there is a need for awareness about this doctrine amongst users
Q NO.8
Proficient - Achieved proficiency through experience over the years





Sachin Bhatia (Expert)
03 October 2009

Ans no.1 Yes, they are adequate (but it needs proper implementation)

Ans no.2 Yes, they are adequate

Ans no.3. No

Ans no.4 Speedy and effective implementation – Stronger enforcement machinery with wider powers

Ans no.5 Copyrighted dramatic works (theater, movies etc.)

Ans No.6 Contesting the copyright of the work itself

Ans No.7 Not at all, there is a need for awareness about this doctrine amongst users

Ans No.8 Proficient - Achieved proficiency through experience over the years



Guest (Expert)
03 October 2009

Questionnaire
Question No. 1

Do you believe that the currently existing legal provisions and enforcement machinery in India pertaining to Copyright Law are adequate?

No, they need a complete overhaul to deal with the changed times.

Question No. 2

Do you believe that laws in India, specifically with regards to fair dealing in copyright law?


No, they need a complete overhaul to deal with the changed times.

Question No. 3

Some countries keep the threshold of ‘Fair Use’ in certain copyrights to a maximum of 10% of the copyright work. Do you think this is a rationale distinction to determine fair use?


No

Question No. 4

If you feel that the ‘Fair Use’ doctrine in Copyright law needs improvement, what is the area that in your expert belief needs more improvement?


Speedy and effective implementation – Stronger enforcement machinery with wider powers



Question No. 5

Which area, in your expert opinion is the biggest area in which the ‘fair use’ doctrine is misused? (Either by copyright owner or alleged infringer)



Copyrighted dramatic works (theater, movies etc.)


Question no. 6

Amongst the well known modes of fair use, which mode is the most used as defense by users of copyrighted work?



Contesting that alleged infringement involves application of mind and not a copy of previous work


Question No. 7

Do you think there is adequate awareness amongst copyright owners/users of copyrighted works about the ‘fair use’ doctrine in India?


Not at all, there is a need for awareness about this doctrine amongst users

Question No. 8

What in your opinion is the proficiency level of professionals involved in litigation pertaining to fair dealing in copyright?


Not Proficient – general expertise without any specialized focus on Intellectual Property Rights.


Sachin Bhatia (Expert)
03 October 2009

Ans no.1 Yes, they are adequate (but it needs proper implementation)

Ans no.2 Yes, they are adequate

Ans no.3. No

Ans no.4 Speedy and effective implementation – Stronger enforcement machinery with wider powers

Ans no.5 Copyrighted dramatic works (theater, movies etc.)

Ans No.6 Contesting the copyright of the work itself

Ans No.7 Not at all, there is a need for awareness about this doctrine amongst users

Ans No.8 Proficient - Achieved proficiency through experience over the years


Raj Kumar MakkadOnline (Expert)
04 October 2009

A long discussion is required on these vital issues among the legal fraternity connected with the subject matter without any barrier of given answers. let the ppl give answers as per their experience and approach.

Sarvesh Kumar Sharma Advocate (Expert)
05 October 2009

i m also taking intrest in this discussion plz.tushar ji cont. it!



Guest (Querist)
07 October 2009

I wish to convey my sincere thanks to all those who responded to the questionnaire above. I promise to make available the said research on this site, free of copyright restrictions, once my desired goal is achieved. thanks for the contribution again.



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