Tag Archives: Fair Dealing

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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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

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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