Guest Post by New Socialist Initiative (Delhi Chapter)
Guest Post by New Socialist Initiative (Delhi Chapter)
While the immediate beneficiaries of the Delhi high court’s judgment in the Delhi University photocopy case are obviously the university, the photocopy shop and the students and academics who filed intervention petitions supporting the right to photocopy, the import of Justice Endlaw’s finely reasoned judgment goes well beyond this specific case as well as its impact on access to knowledge in India. The judgment and its treatment of educational exceptions in copyright law is unprecedented and could well become a model of how national IP laws should be interpreted. To understand its global significance we should turn to a short history of norm creation in copyright and its relation to specific national and local needs.
The Berne convention in 1886 for the first time laid out uniform global norms for copyright protection and established minimum standards that would apply to all signatory states. This was concretised further through the TRIPS agreement in 1994. In addition to laying out the common minimum standard that would define the global intellectual property regime, these treaties also allowed countries some amount of flexibility in customizing their national legislation to respond to their access to knowledge needs. These were by way of exceptions and limitations that a country could impose on the exercise of intellectual property rights, and it in this tricky terrain that many global IP battles have been fought. Both the Berne convention and the TRIPS agreement allow for fair dealing exceptions in national legislations, and in the case of the Berne convention there is also a special exception allowed for educational uses. Continue reading The Radical Significance of the DU Photocopy case for Global Copyright
Guest Statement by Association of Students for Equitable Access to Knowledge (ASEAK)
Victory for Students and Access to Knowledge in DU Copyright Case : Corporate Publishers Market ends at the gates of the University
In a rare and incredible order today, the Delhi High Court has dismissed the copyright infringement case filed by Oxford University Press, Cambridge University Press and Taylor and Francis (Routledge) against Rameshwari Photocopy Shop in Delhi School of Economics and Delhi University. Justice R.S Endlaw in a 94 pages long judgment interpreted educational exception under section 52(1)(i) of the copyright act in broad enough manner to cover the acts of photocopying.
The publishers sought to claim damages to the tune of 60 lakh rupees from the shop citing infringement of copyright which the publishers claimed was happening through photocopying of parts of books published by them. However, the publishers themselves stated that this case, for them, was a test case where they wanted to introduce licensing systems across universities in India. These licensing systems intended to control the extent to which material could be photocopied and also direct a share of profit from these reproductions to the publishers. We, the Association of Students for Equitable Access to Knowledge (ASEAK) demanded to be made a defendant in this case as we believed that it is the rights of students to access reading material that was at stake in this case- “Association of Students for Equitable Access to Knowledge (ASEAK) filed IA No.3454/2013 for impleadment in the present suit and which was allowed vide order dated 1st March, 2013 and ASEAK impleaded as defendant No.3.” (from the judgment). Continue reading Victory for Students and Access to Knowledge in DU Copyright Case :ASEAK
This is a piece that has come out in today’s Hindu
Recent reports about the change in copyright infringement warnings on various websites have triggered anxiety among many Internet users in India. While the government has maintained a list of banned websites for quite some time, the warning that one earlier saw merely mentioned that the website had been blocked under directions from the Department of Telecommunications, while the new message warns against the viewing, downloading, exhibition and duplication of the contents of the URL as being offences which are punishable under Sections 63, 63-A, 65 and 65-A of the Copyright Act. It further states that these provisions prescribe a punishment of up to three years and a fine of up to Rs.3 lakh.
Conflating various provisions
Sec. 63 of the Copyright Act, which deals with the offence of infringement, provides that any person who ‘knowingly’ infringes copyright or abets in the infringement of the same may be punished with imprisonment (minimum of six months and extendable to three years) and fined up to Rs.2 lakh. The new warning seems to have accounted for inflation and arbitrarily extended the fine amount to Rs.3 lakh, but that is only one part of its disingenuity. What the warning does is to conflate all the provisions and flatten them as though they all deal with a singular thing called infringement. Continue reading The new war on piracy
Rochelle Pinto in Scroll.in
In 2005, Sean Dockray did what any sensible government should have done for its students. The American artist set up a sharing-enabled platform for a website then called aaaaarg.org, and uploaded digital copies of largely theoretical and philosophical texts that could be freely downloaded by readers. Before long, many of the researchers, students, teachers, and scholars who used the site began to upload scans of texts in their possession – exactly as Dockray hoped they would.
To readers based in places like India, a collection with this breadth is simply unavailable and, on first sight, unimaginable, as these books often sell at more than three or four times the price of a bestselling novel. Outside of the highly professionalised, and increasingly corporatised atmosphere of the better-funded US, European and East Asian university libraries, scholars have to settle for producing critical research without access to (or sometimes knowledge of) essential material.With aaaaarg.org, anyone with an internet connection could access mutually contributed material, reminding us that research relies on a common pool of ideas.
Since no good deed goes unpunished, Dockray has been regularly pursued with the odd legal notice. Those who punched in the address aaaaarg.org (now aaaaarg.fail) to search for this boon of a resource know that it kept adding or subtracting an “a” to its cry of frustration every six months or so in response to the threats. Aaaaarg.org sometimes took down a few texts, negotiated with publishers, and persuaded a few to back off, aided by reader support. The site is now hosted by free software advocate Marcell Mars as aaaaarg.fail. As a case filed by an unknown publisher is underway in the Superior Court of Quebec, long time users are, aside from contributing towards their legal expenses, hoping that the project does not go the way of other online sites such as library.nu and gigapedia that were forced to shut down.
This is the second part of an earlier post in which we refuted the claims made by the International Federation of Reproduction Rights Organisation about the ongoing copyright case filed against Delhi University and Rameshwari Photocopy Services. A group of students (ASEAK) and academics (SPEAK) have separately impleded themselves in the suit.
Gandhi, Karan Johar and Cafes?
The FRRO recycles the insidious idea that the cost to students of paying the license fee for course packs would be the equivalent of an ‘evening in a student café’. This naïve assumption could be the result of watching too many Karan Johar films in which all Indian campuses look like Riverdale and all students wear Gucci and Nike. Click here for a contrary perspective
For sure, there are a number of rich Indian students who probably spend way more on cafes than they do on books (forgive them father for they know not what they do). But when we think of articulating copyright norms, what kind of student should serve up as our policy addressee? The urban upper middle class creamy layer student who constitutes but a miniscule proportion of the totality or ones from lower economic strata that constitute the vast majority?
In an op-ed in the Hindu, we highlighted an egregious copyright law-suit slapped against Delhi University and its photocopier by leading foreign publishers. The IFFRO (International Federation of Reproduction Rights Organisation) and its partner organisations which collect moneys on behalf of publishers issued a response to this piece, expectantly touting the virtues of acquiring a copyright license from them.
Unfortunately, owing to space constraints, we could only offer a pithy rebuttal to their response in the Hindu.
Below is a more elaborate version of our rebuttal.
(For those who came in late, here is a short jingly version of what this law suit is really about)
For those interested in tracking the case, see updates on SpicyIP
An Irrefusable Offer:
In their response, the IFRRO and its counterparts once again offer the option of a tantalizingly cheap copyright license, repeatedly stressing the “reasonableness” of their offer.