Often students, be it from school, college or university have to photocopy certain study materials en masse. This is done owing to the high price of books published by international publications. In such situation there is always a shop or a group of shops that comes to the rescue of students.
In 2012, the trinity of international publishers namely Oxford University Press, Cambridge University Press and Taylor & Francis ganged up together and filed a lawsuit against Delhi University and Rameshwari photocopy services.
The trio publishers cited that bounded sets of photocopied material sold by the shop are in direct contravention with the 1957 Indian Copyright Act and said that the rights of reproduction rested only with the publisher.
Backed by the full support of the university students, the Delhi Court today dismissed the suites filed by the publishers. It also lifted the ban on the photocopy kiosk which was used to photocopy from books published by these three Publishers.
While giving the judgement in favour of the photocopy shop, Justice Rajiv Sahai Endlaw maintained that copyright is not a devine right and that education is an important social need.
Section 52 (1) of the Indian Copyrights Act of 1957, enlists certain provisions where the consequences of infringement does not apply in certain cases. (1) The following acts shall not constitute an infringement of copyright, namely :
(a) a fair dealing with a literary, dramatic, musical or artistic work for the purposes of —
( i ) research or private study ;
( ii ) criticism or review, whether of that work or of any other work;
(b) a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events —
( i ) in a newspaper, magazine or similar periodical, or
( ii ) by radio-diffusion or in a cinematograph film or by means of photographs;