Public Interest and Social Welfare Exceptions under Section 52 of the Copyright Act, 1957
1. Basis of Classification: Public Interest and Social Welfare
Conceptual Foundation
The "Public Interest and Social Welfare" classification of copyright exceptions represents a
critical balancing mechanism between private intellectual property rights and broader societal
interests. These exceptions acknowledge that in certain contexts, public welfare considerations
may justifiably override exclusive rights granted to copyright holders.
Theoretical Underpinnings
• Utilitarian Perspective: Copyright law fundamentally aims to promote societal
progress and public good rather than merely protecting individual rights.
• Social Justice Theory: Ensures equitable access to protected works for disadvantaged
or marginalized groups.
• Human Rights Framework: Recognizes the right to participate in cultural life and
scientific advancement as fundamental human rights that may sometimes compete with
intellectual property protections.
2. Interpretation and Purpose of Public Interest and Welfare Exceptions
Interpretative Principles
• Purposive Interpretation: Courts typically interpret these provisions liberally to
effectuate their welfare-oriented objectives.
• De Minimis Non Curat Lex: Applied in cases where the use is so minor that the law
should not be concerned with it.
• Doctrine of Necessity: Justifies exceptions where access to copyrighted material
becomes necessary for specific public welfare purposes.
Purpose
• Inclusivity: Ensuring access to cultural and educational content for all segments of
society, including persons with disabilities.
• Cultural Preservation: Protecting religious and cultural ceremonies from copyright
infringement claims.
• Practical Necessity: Acknowledging certain incidental uses as inevitable in global
trade and commerce.
3. Specific Provisions Analysis
Section 52(1)(za) - Religious and Official Ceremonies
• Scope: Permits performance of literary, dramatic, or musical works during:
o Bona fide religious ceremonies
o Official ceremonies held by Central/State Governments or local authorities
o Marriage processions and associated social festivities
• Rationale: Recognizes the cultural and communal significance of such ceremonies and
prevents copyright from impeding traditional expressions and cultural practices.
Section 52(1)(zb) - Accessible Formats for Persons with Disabilities
• Scope: Permits adaptation, reproduction, and distribution of works in accessible
formats:
o By any person to facilitate access for persons with disabilities
o By organizations working for persons with disabilities
• Conditions:
o Must be on a non-profit basis (cost recovery permitted)
o Limited to persons with disabilities
o Reasonable steps must be taken to prevent commercial exploitation
• Rationale: Ensures that copyright does not become a barrier to access for persons with
disabilities, promoting equality and inclusive education.
Section 52(1)(zc) - Incidental Importation
• Scope: Permits importation of literary or artistic works (like labels, logos, promotional
materials) when:
o Such works are purely incidental to other lawfully imported goods
• Rationale: Pragmatic acknowledgment that global trade would be impeded if copyright
clearance was required for every incidental logo or label on imported products.
4. Comparative Analysis with Other Jurisdictions
United States
• Religious Ceremonies: No specific exception; generally falls under fair use doctrine
(17 U.S.C. § 107)
• Accessible Formats: Chafee Amendment (17 U.S.C. § 121) permits authorized entities
to reproduce works in specialized formats for blind or disabled persons
o Comparison: Indian provision is broader in scope, permitting both individuals
and organizations to create accessible formats
European Union
• Religious Ceremonies: Article 5(3)(g) of the InfoSoc Directive permits use during
religious celebrations
o Comparison: Similar to Indian provision but less explicit about marriage and
social ceremonies
• Accessible Formats: EU implemented Marrakesh Treaty through Directive 2017/1564
o Comparison: Both focus on non-profit distribution but Indian law has more
detailed provisions for organizations
United Kingdom
• Religious Ceremonies: Section 32 of CDPA 1988 permits use for religious purposes
• Accessible Formats: Sections 31A-31F of CDPA 1988 provide comprehensive
framework
o Comparison: UK provisions require "reasonable accessible copies" already
being commercially available, a limitation not present in Indian law
Australia
• Religious Ceremonies: Section 47 of Copyright Act 1968 permits performances at
places of worship
• Accessible Formats: Part VB, Division 3 permits reproduction in formats suitable for
persons with disabilities
o Comparison: Australian law has statutory licensing scheme for accessible
formats, while Indian law relies more on conditions and qualifications
