Delhi High Court
Judges: Justice Pradeep Nandrajog and Justice Yogesh Khanna
Applicable law: Section 52 of the Copyright Act, 1957
Did you know: A reproduction of a copyrighted work by a teacher or pupil in the course of instruction is allowed and is not an infringement of the copyright
Where it all began:
- University and Photocopy Shop were photocopying excerpts from the publications of the plaintiffs and were issuing/selling the said compilations in the form of course packs
- The world famous publishers alleged that such publication and sale constituted a copyright infringement and filed a case to require the University of Delhi and the photocopy shop to obtain a license.
- The Hon’ble single bench of the Delhi High Court dismissed the suit and an appeal was filed by the publishers before the division bench.
Learn more about Copyright with Enhelion’s Online Law firm certified Master Course!
Legal issue: Whether the right to reproduce work by a teacher or a pupil in the course of instruction is absolute or there are any conditions attached to such a right?
Publisher’s arguments: There are restrictions of fair use that apply to reproduction of materials by teachers and pupils and a license is necessary
University’s arguments: There are no restrictions that apply to the right of reproduction ad no infringement has occurred in this case.
Learn more about Copyright with Enhelion’s Online Law firm certified Master Course!
Judgment in the case:
- The court held that it only has to be seen is whether the work used was necessary for achieving the purpose of educational instruction- if it is there will be no infringement
- There is no adverse impact on the market of the books because the students still have access to the books in the library.
- It was held that the phrase ‘course of instruction’ used in the section will not be limited to just teaching in the classroom but will also apply to the entire program of education
- Because the university was not engaged in profit-making the activitiy could not be termed a publication.
- The appeal was dismissed and it was held that the preparation and distribution of the course packs was permitted and not an infringement of copyright. The case was sent back to the Single Bench for decision on the question whether whether the course packs were necessary for the educational instruction or not. The suit was finally withdrawn by the publishers
Learn more about Copyright with Enhelion’s Online Law firm certified Master Course!
Significance
The judgment in the case is hailed as a big victory for promoting the access to education. Many writers and academicians, many of whom were infact associated with the publishers, from all over the world condemned the filing of this suit and asked the publishers to withdraw it.