Copyright, Critique, and Conflict: Examining India’s Fair Dealing Debate

Context: 

A recent dispute between ANI (Asian News International) and YouTuber Mohak Mangal has brought India’s copyright and defamation laws into the spotlight, especially the ambiguities surrounding fair use (fair dealing) in the digital and social media era.

This case raises larger concerns about the misuse of copyright provisions, the scope of fair dealing, and the impact on freedom of expression, particularly for digital content creators and journalists.

Key Developments in ANI vs Mohak Mangal Case

• ANI filed multiple copyright strikes against Mohak Mangal for using short video clips from ANI in at least 10 YouTube videos.

• Mangal refuted the charges, invoking fair dealing and accusing ANI of extortion and abuse of copyright law.

• ANI also filed a legal case citing:

  • Trademark infringement

  • Defamation

  • Disparagement

• The agency sought the removal of specific videos and tweets critical of its content.

Understanding Fair Dealing under Indian Law

What is Fair Dealing?

• Defined under Section 52(1) of the Copyright Act, 1957.

• Allows limited use of copyrighted material without permission, for purposes such as:

  • Education

  • Research

  • Criticism

  • News reporting

• Aims to balance creators’ rights with public interest and freedom of expression.

Criteria for Determining Fair Use (Qualitative Test)

1. Purpose of Use:

   • Use for criticism, commentary, education, or journalism is more likely to be fair.

   • Commercial or misleading use generally disqualifies fair dealing.

2. Nature of the Work:

   • Use of published or factual content is more acceptable than unpublished or highly creative content.

3. Amount Used:

   • Small, relevant portions increase the chances of fair use.

   • Even short clips can infringe if they represent the core of the original work.

4. Market Impact:

   • If the reused content harms the original’s market value, diverts audience, or acts as a substitute, it fails the fair use test.

Example:
In TV Today vs NewsLaundry, limited video clips used for critique were protected under fair use since they caused no financial loss and did not replace the original broadcast.

Other IP and Legal Instruments Involved

Trademark Disparagement

• Refers to damaging the reputation of a registered trademark.

• In this case, the Delhi High Court ordered Mangal to remove certain remarks that allegedly harmed ANI’s brand image.

De Minimis Doctrine

• Based on the idea that trivial or insignificant use of copyrighted material may not attract legal action.

• However, its application is narrow and subject to court discretion.

Source : Indian Express