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→
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.
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.
I am posting an email I received this morning by someone who works at a leading multinational academic publishing house and hence wants to remain anonymous which raises very important points relevant to the ongoing debate about copyright, photocopying and the practices within academic publishing. (Thanks to anonymous contributor for this)
Also for more detailed discussions please see the following posts at spicyip by Amlan Mohanty (1, 2,) Shamnad Basheer (1, 2) and Prashant Reddy 1
This is an op ed which was written for the Indian Express and addresses some of the key issues in the ongoing copyright case filed against Rameshwari Photocopy services and the Delhi university. I am reposting it here for now. It is a little truncated because of the word limit for newspapers but will post a longer version with comparisons from other countries.
Oxford and Cambridge University Publishers v. Students of India
Accompanying a team conducting a raid against a photocopying shop outside AIIMS a few years ago a copyright lawyer had a moment of revelation akin to the apocryphal story of St Paul’s conversion on the road to Damascus when Paul was asked by God “Why do you persecute me?”. In this case even as the photocopier was being arrested he defiantly turned to the lawyer and said “If I don’t sell these photocopies where do you think your doctors are going to come from? The lawyer in question is now a leading expert on copyright and public interest and one wonders whether a similar question posed to the lawyers representing Oxford and Cambridge University Press would evoke a similar change of heart especially if they considered their own route to becoming lawyers. The fact of the matter is that in most academic disciplines textbooks are extremely expensive and unaffordable for the average student and if one attempted to buy all the books which are prescribed for a course it would mean that only very few privileged students would afford an education in India. Continue reading Oxford and Cambridge University Publishers v. Students of India→