What Are The Limitations Of Personal Use Exceptions Under Indian Copyright Law?

The copyright law in the Indian system is a legal phenomenon created for the protection of the rights of creators (musicians, writers, painters, and inventors collectively called authors) while at the same time enabling the society to have access to knowledge and creativity. In order to maintain a balance, the Copyright Act, 1957 makes provision for a few exceptions to copyright under the doctrine of fair dealing (called ‘fair use’ in the United States).

One of the most talked-about exceptions relates to personal use. It gives an individual the right to use copyrighted material without permission provided the use falls within certain categories. It is, however, not an absolute right. Above all, Indian courts have clarified that personal use exists with certain limitations, all laid down through statutes and case law.  

This article explains what fair dealing means, the factors courts apply to decide whether use is “fair,” and the limitations of the personal use exception under Indian copyright law, with supporting case laws.

What is “Fair Dealing” in India?

In India, the phrase that is used is fair dealing not fair use (the phrase used in America). Section 52 of the Copyright Act, 1957 explains the circumstances where a copyrighted work may use without seeking permission from the author. 

It covers:

• Private or personal use, including research
• Criticism or review
• News reporting
• Educational purposes

Example: If a PhD student quotes a few pages of a novel in her thesis, it may be fair dealing. But if she scans the entire book and posts it online for her classmates, it is more than likely going to be an infringement.  

How Do Courts Decide If It’s Fair Use?

Courts don’t follow a fixed formula. Instead, they ask four practical questions.

1. Why Are You Using the Work?

• Non-commercial and educational purposes usually pass.
• Commercial benefit is almost always outside fair use.
• Transformative uses (parody, review) are favoured.

Case Law: Civic Chandran v. Ammini Amma (1996): The defendant was permitted to use portions of a play for criticism as the test of use was transformation rather than copying. 

2. What Kind of Work Is It?

• Creative works (songs, films, novels) get stronger protection.
• Factual or news-based works allow more room.

Case Law: Academy of General Education v. B. Malini Mallya (2009): Copying a literary piece word-for-word without adding anything new was struck down.

3. How Much Did You Copy?

• Using small portions is safer.
• Copying the “heart” of the work, even if short, may infringe.

Case Law: Super Cassettes v. Hamar TV (2011): TV channels replayed long portions of songs and videos; the Delhi High Court said this was not fair use.

4. Does It Hurt the Market Value?

If your use replaces the need for the original, it’s unfair.

Case Law: India TV v. Yashraj Films (2012): Bollywood songs used in TV shows were ruled illegal because they harmed the music company’s market.

Real-Life Limits of “Personal Use”

Through work, it is seen that the clients run into these common pitfalls.

• Private Sharing Turning Public: What starts as “I only shared it with friends” can quickly turn into infringement. Even free distribution counts.
• Copying Entire Works: Photocopying or downloading an entire book or movie is rarely excused.
• Hidden Commercial Benefit: Sometimes clients argue: “But I didn’t sell it!” Yet, if the act saves costs or helps promote a business, courts treat it as commercial use.
• Digital Confusion: With OTT, e-books, and software, people think one subscription means unlimited sharing. It doesn’t. Digital reproduction is more strictly monitored.
• Courts Decide, Not You: Even if you think your use is innocuous, courts will look at intention, amount used, and impact on the market. The outcomes can be unpredictable. 

Case Law: Rameshwari Photocopy Services v. Oxford University Press (2016): Delhi High Court permitted course packs for students, but emphasized that every case is highly fact specific. 

What the Copyright Office Advises?

Practical guidelines include:

• Copy only small portions.
• Don’t repeatedly copy the same material.
• Don’t let copying replace buying the original.

Practical tip from experience: In academic settings, lawyers often suggest staying within 10-15% of a work. While not legally fixed, this is a safer benchmark.

Conclusion

The personal use exception is not a free pass. It protects students, researchers, and individuals in genuine, limited scenarios, not large-scale copying, piracy, or password sharing.

From what it is seen in practice, the safest approach is:

• Use only what’s needed.
• Don’t harm the market.
• When in doubt, obtain permission or seek legal advice.

Fair dealing exists to further learning and creativity and not to provide a legal defence against infringement. The law, the courts, and the copyright office will all try to strike this balance. 

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. May I utilize copyrighted images in my college project?

You may, but only to a limited extent in terms of academic or personal reference purposes. If you were going to distribute your report, report presentation or profit off of it, etc. you’d most likely need to yourself obtain permission. 

2. Is it legal in India to make a backup copy of software for personal use?

Normally you can have one backup copy for personal use, but sharing or a selling of that copy is illegal. 

3. Can teachers distribute photocopied study material under fair use?

Teachers can share small portions for classroom instruction, but distributing full textbooks is not protected.