Digital Rights Management and Fair Use: Rethinking the Legal Balance

Authors

  • Aditya Singh Symbiosis Law School, Pune (SLS-P), Symbiosis International (Deemed University), Pune – 411 014, India
  • Ujwal Prabhakar Nandekar Symbiosis Centre for Advanced Legal Studies and Research (SCALSAR), Symbiosis Law School, Pune (SLS-P) Symbiosis International (Deemed University), Pune – 411 014, India

DOI:

https://doi.org/10.56042/jipr.v31i5.21565

Keywords:

Copyright Law, Digital Right Management, Digital Millennium Copyright Act (DMCA), fair use, Information Access, Policy Framework

Abstract

Access rights have been greatly affected by the extensive integration of Digital Rights Management (DRM) technology into digital content ecosystems, therefore generating worldwide legal and policy discussions. Although DRM is praised as a tool against piracy, it progressively reduces legitimate fair use, especially in research, education, and artistic expression, even if it is required. Under the cover of DRM, this report points to important legal gaps whereby copyright enforcement violates user rights and stifles free expression and creativity. Important decisions reflecting increasing judicial conflict include Sony Corp. of America v University of Technology, Sydney (Australia) and 321 Studios v MGM Studios (U.S.). Combining doctrinal study with empirical observations gleaned from 60 Google Form survey responses from researchers and content providers in India, the United States, and the EU, this study used a hybrid methodology. Comparative legal study covers the U.S., India, and the EU. It looks into fair use/fair dealing theory, court interpretations, and conflict with DRM enforcement. Results draw attention to India's policy void and the court's reluctance to give user rights top priority. In order to balance rights with DRM systems in the digital age, the study suggests doable legal changes and a rights-balancing framework.

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Published

2026-09-18

How to Cite

Digital Rights Management and Fair Use: Rethinking the Legal Balance. (2026). Journal of Intellectual Property Rights (JIPR), 31(5), 790-803. https://doi.org/10.56042/jipr.v31i5.21565

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