Tag Archives: Education

Copyright

Publishers Release Public Statement on Withdrawal of DU Photocopy Case


As all of you already know, last week, the publishers (OUP, CUP and T&F) surprisingly withdrew the copyright infringement suit filed against DU and Rameshwari photocopy shop in 2012 for creation and distribution of course packs containing excerpts from their copyrighted books. While the reason for the withdrawal is not clear, it is heartening to note that the publishers, in a public statement released on March 9, expressed their intention to work “even more closely with academic institutions, teachers and…


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Copyright

Breaking News: OUP and other Publishers Withdraw Copyright Suit Against Delhi University and Photocopier


In a stunning development, OUP, CUP and Taylor & Francis just withdrew their copyright law suit filed against Delhi University (and its photocopier, Rameshwari) 5 years ago! They indicated this to the Delhi high court in a short and succinct filing made this morning. This withdrawal brings to an end one of the most hotly contested IP battles ever, pitting as it did multinational publishers against academics and students. The law suit was filed as far back as 2012 and…


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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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Patent

Break in India: Were the Dark Ages Really Dark?


In a recent post, I reflected on the disingenuous US Chamber of Commerce rankings designed to coerce India into picking up TRIPS plus IP standards that suit US industrial interests! I exhorted that India should use this opportunity to break the obsolete IP paradigm and refuse to play ball on the patent numbers game! Some months ago, I had the opportunity to reflect more on this “Break in India” theme for a special issue of the Seminar. For those interested, the…


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Copyright

The Power of Purpose: A Meteoric Moment for Copyright Justice


  In a decision that will go down as a landmark in the annals of global copyright jurisprudence, Justice Pradeep Nandrajog (along with Justice Yogesh Khanna) brings bold clarity to a much needed area in copyright law. Namely that when interpreting copyright defences, one has to be guided by their “purpose”. And not some fancy sophisticated four factor fair use/fair dealing test, notwithstanding that it emerged from arguably sophisticated common law courts. Pankhuri has already dealt extensively with the decision…


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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

Is the Import of Books into India too ‘Tax’ing? Debunking the Myth


We are happy to bring to you a guest post by Tejas Popat, a 2nd year student at the National University of Juridical Sciences (NUJS), Kolkata. In this post, Tejas debunks the myth that the books imported into India are expensive due to a high import duty.   Is the Import of Books into India too ‘Tax’ing? Debunking the Myth Tejas Popat It is widely recognized that academic books often need to be imported to make them available in India. A…


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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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