• Dhananjay Mittal

The development of fair use doctrine has been a dynamic process shaped by legal precedents, legislative reforms, and evolving societal norms worldwide. Originating from English common law, fair use principles emerged to balance copyright holders' rights with the public interest in accessing and using copyrighted works for socially valuable purposes. This paper explores the historical origins of fair use, including its early recognition in English common law and the Statute of Anne in 1710. The evolution of fair use in the United States, codified in Section 107 of the Title 17 of the United States Code, is examined, highlighting its flexible framework and crucial role in fostering creativity, innovation, and freedom of expression. The paper also delves into fair use in India, tracing its foundation in colonial-era legislation and subsequent developments under the Copyright Act of 1957. Contrasting the more rigid fair dealing provisions in Indian law with the flexible fair use doctrine in the US, the paper discusses challenges and opportunities posed by the digital age. It emphasizes the need for reforms to accommodate diverse uses of copyrighted material, promote innovation, and strike a balance between copyright holders' interests and the public's access to information and cultural expression.

Fair use doctrine, Copyright law, Technological advancements, Intellectual Property, Flexibility in copyright law, Balance of rights

"Fair Use Doctrine Historical Evolution, Global Perspectives, and the Digital Age Challenges", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 3, page no.e333-e338, March-2024, Available :http://www.jetir.org/papers/JETIR2403439.pdf

"Fair Use Doctrine Historical Evolution, Global Perspectives, and the Digital Age Challenges", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 3, page no. ppe333-e338, March-2024, Available at : http://www.jetir.org/papers/JETIR2403439.pdf