Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Siddharth Mehta (Student)     08 July 2011

Clarification needed regarding Sec 52(a)(1) Of Copyright Act

can anyone please clarify whether a copyright infringment would take place if I use someone's articles (from the internet) extensively for my college project?



since Section 52 (a)(1) says that

"a fair dealing with a literary ,dramatic,musical or artistic work for the purposes of 

         (i) Private use including research

would not amount to coyright infringment.



please clarify asap..this is a question from a sample paper..i have my exam tommorrow.

thanking you in advance



Learning

 10 Replies

Adv. Vaishali Karloopia (lawyer)     09 July 2011

Yes u can use someone's content in your college project.

But one thing u have to done, u may heard of "bibiliography" i.e. you have to mention

A)  the name book of the author

B) year of the publication of the book

C) Page no. of the book from where u have copy the content.

NOTE:- u have to mention these details at the footer of the pages of ur project work. 

Adv. Vaishali Karloopia (lawyer)     09 July 2011

Yes u can use someone's content in your college project.

But one thing u have to done, u may heard of "bibiliography" i.e. you have to mention

A)  the name book of the author

B) year of the publication of the book

C) Page no. of the book from where u have copy the content.

NOTE:- u have to mention these details at the footer of the pages of ur project work. 

Adv. Vaishali Karloopia (lawyer)     09 July 2011

Are u doing ur diploma from IGNOU????????

Siddharth Mehta (Student)     09 July 2011

nope..it is from Asian School Of Cyber Law..\

and I'm doing my llb from IP University

Siddharth Mehta (Student)     09 July 2011

would this answer suffice in the exam?
what i mean is that by  mentioning the name of the author and all will i get the right to copy the article??
without taking the assignment frm him?

Adv. Vaishali Karloopia (lawyer)     09 July 2011

Once a writer writes article or anything and gave it to licensee( it may be a website, a tv channel) cetain rights remains with writer and some rights got transfer to the licensee. In addition, you can read the privacy policy of the website, then all ur doubts will clear.

Siddharth Mehta (Student)     09 July 2011

listen its a hypothetical question...which im asking for my exam?
its not as if im copying a article..so please can u tell me any source/authority anything that says that the writer's assignment won't be required?

Nagaraja B S (Corporate Commercial & IP Lawyer)     18 July 2011

Dear Siddharth,

You can definitely use the material, with a disclaimer or admitting that you have take the arcticle or publication from this source. As long as it for educational purpose there is no issue. If you commercialize your projcect, without license or authorization you will be under trouble.

Do not worry much... good luck!!!  for your exams.


Feel free to contact me, if you need further details.

Regards,

Nagaraj

IP & Business Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34

Siddharth Mehta (Student)     22 July 2011

@nagaraj sir

thanx a lot sir!! actually this was a question from the sample paper ...:):)

HANSA KASHYAP (--)     17 May 2012

Hello SIDDHARTH!

You can not pretend as if you wrote that article, so you should dosclose the author and other informations related to that.

Fair use means,

1. to support your argument (of your project),you can use an article,(ofcourse mentioning the details of the original article)

2. If you use an article for your project ,without disclosing the details, eventhough it comes under education, It is not fair use. Bcz it misleadsthat you wrote it. Right? If you publish your project as a book, then also the same.

3.education means only to get knowledge. Both using for project and publishing wont come under fair use. YOU HAVE TO DISCLOSE THE DETAILS OF THE ARTICLE.

hansa.kashyap@yahoo.co.in


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