Raghav Chadha drew attention on the section 52 under Copyright Act, 1957, that deals with “Fair Use”

Raghav Chadha drew attention on the section 52 under Copyright Act, 1957, that deals with “Fair Use”

In a recent sitting of the Rajya Sabha, Member of Parliament Raghav Chadha drew attention on the section 52 under Copyright Act, 1957, that deals with “Fair Use”, and how that the law, in its present form, has not upgraded or amended to match and align the digital age, especially when content creation has become a full-time job that means a sole source of income for many.

Today, creators earn their livelihoods through commentary, education, satire, reviews, and short-form content. Much of this work relies on limited use of existing material in a manner that is transformative and contextual. Many a times, such use, partially or as a whole, is frequently treated as infringement. Accounts are suspended, content is removed, and income streams disappear, often without explanation or remedy.

The Proposed Amendments

Mr. Chadha placed before Parliament suggestions; each aimed at amending and extending on Section 52 i.e., “Fair Use” in the Copyright Act, 1957, as is the need of the time.

The Three suggestions were as mentioned hereinbelow:

1. Amendment in the “fair use” in the digital context. This would expressly protect transformative, proportionate and incidental use for purposes such as criticism, education, parody, and public interest. Such a provision would not erode the rights of copyright holders, but would clarify the boundary between misuse and lawful engagement.

• Introduce a “Proportionality Doctrine” i.e., to establish principles of proportionality into enforcement practices. At present, minor uses like adding 5-30 seconds of a video or an audio of the subject talked about to enhance the relativity with the content and to enhance understanding with the subject matter of the content that is being uploaded under “Fair Use” and stressed and emphasized on the fact that such audio or the video is not intended to infringe the Copyright. Thus, a more graded approach would reflect fairness and prevent disproportionate harm.

• Mandatory due process mediation before takedown. This proposal acknowledges that copyright claims, if any, should be processed and analysed more extensively before taking the entire video down. A preliminary review or mediation mechanism could ensure that content is not removed without due consideration, thereby balancing enforcement with procedural fairness.

Conclusion He was aiming at protecting the creativity and freedom of the content creators by suggesting extension and amendment to the existing law. In my opinion, these proposals are pragmatic and very much needed. A law designed to protect creativity must also extend protection which is aligned with growing digital age as content and digital media is no longer a one- dimensional affair. Thus, if this proposition to amend the section is accepted and amended accordingly, it would be a major relief to all the content creators in India.