TRANSFORMATIVE USAGE OF COPYRIGHT: THIN LINE BETWEEN FAIR USE AND INFRINGEMENT

AUTHOR – DEBAPRIYA BISWAS, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – DEBAPRIYA BISWAS, TRANSFORMATIVE USAGE OF COPYRIGHT: THIN LINE BETWEEN FAIR USE AND INFRINGEMENT, ILE INTELLECTUAL PROPERTY AND CORPORATE LAW REVIEW, 3 (1) OF 2024, PG. 01-11, APIS – 3920 – 0008 | ISSN – 2583–6153.

ABSTRACT

Copyright, while one of the most mundane words in this day and technology, still remains one of the most complicated laws around the globe. While protecting the rights of the owner of an original work, Copyright law aims to reward the creativity of the creator and protect them from being exploited. However, what happens when someone uses copyrighted material to make their own original work, like a painting inspired by a movie? Would it be an infringement or would it be a fair use?

In this article, we will explore what exactly copyright means and whether the product from its transformative usage can have its own copyright. A variety of examples and illustrations will be discussed along with the history behind transformative works and how they came to be. The variety of transformative work and how they developed will also be discussed in detail. Furthermore, this article also discusses the legality behind such transformative usage with some landmark judgements, emphasising scenarios where exactly the transformative works will be protected and where they would be considered as an infringement on the original work. Possible restrictions on such usage of copyrighted works along with the effect of such restrictions will also be explored.

Finally, the article ends with some suggestions from the author on how to tackle the situation with the current copyright laws and how transformative usage of copyrighted work can exist without compromising the integrity or protection of the creator of the original copyrighted work.

KEYWORDS – Transformative copyright, Copyright, Copyright Infringement, Derivative work and Fair use.