'Minor Exemptions' doctrine in National copyright law: Guidance from the WTO jurisprudence

Abstract

The limitations and exceptions to the exclusive use of copyright have largely remained an "unregulated space" despite over a century of international norm-setting in copyright. This is particularly true of the "minor reservations" or "minor exemptions" doctrine, a concept closely linked to the notion of "fair use" or "fair dealing" in the TRIPs Agreement. Minor exceptions provide states with flexibility to limit the exclusive use of copyright. This chapter attempts to understand the emerging jurisprudence on the TRIPs Agreements, specifically in the area of "minor exemptions" under the international copyrights law. More specifically, the paper shall analyse select WTO dispute settlement cases where the WTO panels and the Appellate Body has had the opportunity to clarify and interpret the consistency of the national copyright law in the context of obligations assumed under the TRIPs Agreement and the Berne Convention 1971. The chapter addresses the issue of "minor exemption" which has direct implications on the private proprietary claims and the broader public interest. The Indian law and policy makers could take useful guidance of the emerging jurisprudence in structuring their national policy while addressing their national priorities.