Publishers lose copyright case against DU’s photocopy shop
The Delhi high court
dismissed on Friday suits by three international publishers against the sale of
photocopied books and pages in Delhi University, a landmark verdict likely to
have a wide-reaching impact on copyright laws in India. Justice Rajiv Sahai
Endlaw also lifted a ban on the photocopier kiosk from issuing copies of
chapters from textbooks of the three international publishers to students.
In November 2012, the
court had banned the iconic Rameshwari Photocopy Service located near the Delhi
School for Economics in north campus on a petition moved by publishers
including University
Press, Cambridge University Press and Taylor &
Francis.
The international
publishing giants had alleged that the kiosk was violating their copyright and
“at the instance of Delhi University” was causing huge financial losses as
students stopped buying their text books. But Delhi University
supported the photocopiers, saying the use of reproduced copyrighted books by
student was a “reasonable educational needs” and should not be treated as
infringement. Students also rallied behind the kiosk, saying most of the books
were too expensive.
The university argued
that calling reproduction of copyrighted books for educational purpose as
infringement was “wrong.” Under the copyright Act, 1957, there are exemptions
on “fair use” of work including educational propose from the purview of
infringement, it had said. It argued the
photocopy of copyrighted books at the university’s campus were done by students
for preparation of their course and was not meant for commercial exploitation.
Intellectual property
experts hailed the verdict, saying the court had correctly upheld the supremacy
of social good over private property. “Copyright laws are
meant to balance public and private interests but in recent years, the public
interest has been eroded due to lobbying. The HC has restored that balance,”
said Shamnad Basheer, intellectual property law expert. “The court has
actually said that copyright is not divine and that education is an important
social need. This is a huge moment.”
Analysts also pointed
out that the verdict put India at the centrestage of a global debate on
intellectual property rights, first triggered three years ago when the Supreme
Court denied a patent to pharma major Novartis. The HC decision also
sent out a signal that the country wouldn’t follow global trends that have
tended to side with private copyright demands, they added. “We are not going to
blindly adhere to western norms. We will look at our laws and requirements.
This judgment cements that stand,” Basheer said.
