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
A group of publishers (Oxford and Cambridge University Press and Francis & Taylor) have sued Delhi University & its agent, Rameshwari Photocopy Service for compiling short extracts from different textbooks into a digest for students to use as part of their study (commonly referred to as “course packs”).
Naturally, students, teachers and even authors of these text books have protested this aggressive law suit, particularly since this is perfectly acceptable under the Indian Copyright Act, which allows for “fair use” and permits any reproduction of copyrighted works, so long as it is done in the course of educational instruction.
This is not mala fide use, nor is anyone selling these ‘course packs’ for profit. Publishers going after students, many of them from economically disadvantaged communities, despite the high cost of textbooks, really begs the question – whither our constitutionally guaranteed fundamental right to education? Continue reading Merry Copyright to you – A jingle for the Oxford v. Rameshwari Case
Three large academic publishers – Oxford University Press, Cambridge University Press and Taylor & Francis – have filed a petition in the Delhi High Court claiming copyright infringement with regard to the course packs used by students of Delhi University in a number of disciplines. It is clear from DU’s stance in court that they are distancing themselves from the photocopier, thus clearing the way for the Court to pass an injunction staying the sale of course packs. It is absolutely critical now for academics and authors to step up our campaign in support of our students’ access to learning materials:
Please sign the on-line petition at the link below:
“…As authors and educators, we would like to place on record our distress at this act of the publishers, as we recognize the fact that in a country like India marked by sharp economic inequalities, it is often not possible for every student to obtain a personal copy of a book. In that situation the next best thing would have been for multiple copies of the book to be available in the library so that students are able to access these books without any difficulty. But given the constraints that libraries in India work with, they may only have a single copy of a book and in many instances, none at all. The reason we make course packs is to ensure that students have access to the most relevant portions of the book without which we would be seriously compromising their education….”