Fair use
For a comparative perspective, it is also essential to understand the difference between "fair use" and "fair dealing". In jurisdictions that follow the latter approach, the specific purposes listed down within fair dealing are the only ones for which "fair dealing" is permitted. It cannot be done for any other purpose irrespective of how "fair" the other purpose is. The specific provisions and purposes mentioned within fair dealing are not mere examples of how the judges can enforce the fair dealing exception. Fair use, on the other hand, is much broader in scope as it only provides guidelines using which the Judges can decide whether a particular use is fair or not. This implies that unlike in fair dealing, the fair use exemption is not exhaustive and the Judges are free to use their discretion to permit anything that could qualify as "fair" for them. The fair use approach is followed in the United States whereas the fair dealing approach is followed in India. Understanding the difference between these two is crucial as they define the limits of judicial discretion in copyright cases.