Question

Consider the following principles:
Principle I : Copyright provides exclusive rights to the owner or creator of a literary work.
Principle II : The copyright of a work created within the scope of employment by an employee is given to the employer.
Principle III : The Copyright Act, 1957 states in its provisions that fair dealing with a literary, dramatic, musical, or artistic work that is not a computer programme is not an infringement of copyright.
Fact : P created a cartoon when she was hired by S for her magazine. X used that cartoon without prior permission of S in her class slides to simplify a topic in class. Decide. Select the correct option:

• A. S can claim compensation for the infringement of copyright.
• B. S cannot claim any compensation because the usage of her work by X for teaching amounts to fair dealing, and therefore, not an infringement of her copyright.
• C. P can claim the compensation because she was the creator of the work.
• D. S was not the creator of work, therefore, there was no infringement.

Answer 1

Answer: (B)

S cannot claim any compensation because the usage of her work by X for teaching amounts to fair dealing, and therefore, not an infringement of her copyright.

Answer 2

The correct answer is option (B):S cannot claim any compensation because the usage of her work by X for teaching amounts to fair dealing, and therefore, not an infringement of her copyright..