Fair Use Doctrine in Parody and Satire: Analysing the Boundaries of Creative Expression in Indian Law

ABSTRACT

This paper examines the evolution and application of the doctrine of fair dealing, more commonly known as ‘fair use.’ A specific focus is placed upon Indian copyright law and its treatment towards parody and satire as forms of art and an exercise of free speech and expression. India’s stance regarding the balance between fair use doctrine and freedom of expression is analysed through provisions and precedents, which are subsequently analysed alongside practices followed in the legal system of the United States of America. Through analysis of case laws and constitutional considerations, this paper aims to assess whether the current Indian legal system, equipped with its copyright regulations, is able to adequately protect the freedom of expression of its citizens, and more importantly its creators, for their usage of satire and parody. It concludes with suggestions that, if research is done keeping a larger scope in mind and implemented, can help tailor clearer guidelines for interpretation across the country.