Tag Archives: Copyright Exceptions

Copyright

Yet Another Victory for Educational Access as Canada’s Federal Court of Appeal Upholds Copyright Board’s Fair Dealing Analysis


This week (February 20-24) is being celebrated as the 4th Annual Fair Use/Fair Dealing Week! A week that celebrates the importance of the doctrine of fair use/ fair dealing of copyrighted works in US, Canada and other jurisdictions! There wouldn’t be a better occasion to bring to you this post on yet another victory for fair dealing and education in Canada that came close on the heels of the recent victory for educational access in the DU photocopy case in…


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Copyright

DU Photocopy Appeal Decision: Another Landmark Victory for Access to Education in India


As many of our readers may already be aware, a Division Bench of the Delhi High Court, last week, pronounced the judgment in the DU photocopy case appeal that marked a spectacular victory for access to education in India. In a 58 page judgment, rendered in less than two weeks from the start of the appeal arguments, the Bench comprising Justices Pradeep Nandrajog and Yogesh Khanna refused to grant an interim injunction to the plaintiff-publishers and emphatically ruled that making and…


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Copyright

Dispelling the Myth that the DU Photocopy Judgment Permits Photocopying of Entire Books


Justice Endlaw’s judgment in the DU photocopy case, while hailed as historic by many for having endorsed the right to educational access in India, has been criticized by some as one that would lead to the decline of academic publishing in India. One of the criticisms, raised also as a ground of appeal by the publishers, has been that the judgment does not place any numerical restriction on the unauthorized photocopying of books by educational institutions permitted under Section 52(1)(i)…


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Copyright

Does the DU Photocopy Judgment Place Any Limits on Photocopying?


One of the issues that has arisen out of Justice Endlaw’s judgment in the DU photocopying case is whether it allows for photocopying of entire copyrighted works. Shamnad and Ananth Padmanabhan in two different op-eds in the Indian Express argue that the judgment doesn’t allow for photocopying of entire books because the facts in dispute dealt with the photocopying of an average 10% of various books. I would like to argue otherwise. On the issue of facts, please do refer…


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Copyright

Barking up the Wrong Tree: Of Copyright, Course Packs and the Poverty of Indian Pedagogy


In a thought provoking piece in the Indian Express, Prof Krishna Kumar, a former NCERT Chairman argues that the Delhi University (DU) copyright decision encourages students to merely photocopy and skirt the more laudable aim of reading full books. Prof Kumar is right to mourn the severe pedagogical pathos plaguing our educational ecosystem. Unfortunately however, the solution he appears to advocate suffers a striking logical fallacy. Reversing the copyright verdict will not sway our students towards highly priced academic books; rather it will…


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Copyright

Subsidies for Academic Publishing and Access to Education in Light of the DU Photocopy Case


Prof. Satish Deshpande, a reputed sociology professor at the Delhi University, recently authored an enlightening piece in The Indian Express on the academic publishing ecosystem, titled ‘Copy-wrongs and the invisible subsidy’. In light of the on-going DU photocopy case, (read more on the background and our coverage of the case here) he examines how academic publishing actually receives an implicit and explicit subsidy from the intellectual commons. He notes that the case raises important questions on the ownership of works…


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Copyright

A Critique of DU Photocopy Judgment – II


The Delhi High Court judgment, unfortunately, doesn’t appreciate the aforesaid jurisprudential nuances. Practically speaking, the Delhi High Court judgment, though technically confined to the territorial limits of Delhi, has weakened the publishers in any future bargain. It doesn’t treat Section 52(1)(i) as a limited exception but as a determining, controlling norm in the name of ‘access to education’. As to the extent it treats Section 52(1)(i) as a controlling norm, it has gone beyond the existing jurisprudence on exceptions to…


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Copyright

A Critique of DU Photocopy Judgment – I


 I co-authored an article in Livelaw wherein the Delhi High Court judgment in DU photocopy case was critiqued. I am re-publishing the article in two parts. As a prelude, I would like to make some observations. I would like to pay tributes to late Justice Antonia Scalia of US Supreme Court whom I consider to be one among the most influential jurists of all time. He passed away on 13 February 2016. As a country with common law tradition, Indian…


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Copyright

Counterview: The outcome of the DU photocopy case isn’t necessarily good news for higher academia in India


At the very outset let me congratulate Shamnad, Swathi Sukumar and the entire team who won against the publishers in the DU photocopy case that was decided on September 16, 2016. I do not agree with the outcome but who doesn’t like a good copyright fight! It’s a tough job to provide a counterview to a post by Gopika, more so since I heard that she won 11 (E-l-e-v-e-n) gold medals while graduating from NLSIU a couple of weeks ago….


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Copyright

DU Photocopy Case: A Breakthrough in Indian Copyright Jurisprudence


Our readers will remember our homegrown version of the David and Goliath story: the case filed in 2012 by various publishers (OUP, CUP etc) against Rameshwari Photocopy Services, a small photocopy shop which had a license from Delhi University to make coursepacks for the students of the university. The suit filed by the publishers rightly caught the attention of authors, lawyers, academics and the public alike- the decision in the matter would have great ramification on the cost of and…


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