Primary Details of the Case:
Case Analysis on The Chancellor, University of Oxford & Ors v. Rameshwari Photocopy Services & Anr. 2016 SCC Online Del 6229 (Famously known as Delhi University Photocopy case)
Facts of the case:
It is a matter of fact that the petitioners in this case are the publishers, namely Cambridge Press, Oxford University Press and Taylor and Francis Press.
The plaintiffs in this instance contended that acts of the defendants which included University of Delhi and a photocopyservice called Ramaswari Photocopy service were such that the University allowed the second defendant to photocopy substantial part of copyright material for course materials with substantial amount of copyrighted contents.
The plaintiffs however claimed permanent injunction and compensation as damages though it falls within the fair use doctrine.
This case has been heard by a single judge bench of Delhi HC who dismissed all claims of the plaintiffs stating that “the act falls within the purview of section 52 exception, i.e., fair use as it is for educational purpose”.
The plaintiffs appealed against this decision to Division Bench which is presently under consideration.
Following are some issues involved in this appeal:
Issues framed:
Whether preparing course material as photocopies amounts to copyright infringement or not? Whether these photocopies form part of course instruction or not?
Laws involved:
Section 52 (1)(i) –states that any infringing work which falls within the ambit of research by pupil or teacher for purpose of course instruction shall be considered to be exception to copyright infringement.
Arguments/Contentions:
A critical look at both parties’ contentions are as follows:
In their contention, defendant has submitted that specific pages from their copy righted books have been used by Defendant (Rameshwari Photocopy service) for making them into course materials with knowledge from Delhi University; thus violating copyrights under section 51 Copyright Act,1957.They also contended that D-1 gave the books belonging to plaintiff’s’ authors to D-2 in order to make up course packs.
On their own part, one can argue further on what they want contained in their applications but such allegations will remain unproved so that their claims are completely discounted.
They also argued that the exception under section 52 (1)(i) of the Copyright Act,1957 is irrelevant as no reproduction was done in terms of this provision.
However, the Defendants argued that whatever they did would fall under section 52 of the Copyright Act exceptions and this would have no effect on the plaintiffs since the photocopy charges fixed by Photocopy services were very low, and Delhi University notified that students and researchers are free to infringe copyright as per section 52(1)(i) of act of 1957.
Decision:
Thus, in 2016 the Delhi HC brought a historic judgment in the Jurisprudence of copyright law that reminded all that publishers do not possess natural right to copyright but there shall be exceptions for illegal use of copyrighted materials as much as it is fair.
The court held that making course packs for educational purposes was not violating any rights of copyright holders nor constituted a violation of copyrights.
This is important to create education for teaching purpose.
Analysis:
That’s why this case is important historically or pronouncedly significant in Indian copy-right regime.
In order to know this, it is essential to know about the history of Copyright law which started off during early British days when most books were made available through publishing houses controlled by then English Crown.
The empire used these publishing houses as their tool in monitoring whether an author of any kind of book had made any of his views and statements against the government or against the religions of the state so that such books or writings could not be published by them. Such a monopoly over publication might also be viewed as part and parcel restricting authors from saying anything whatsoever.
Similarly, no reasonable ground even from a publisher will ever restrict how books are being used for research purposes or societies’ development.
Current case has once again proved significance of fair-use doctrine and importance towards research today.
This debate still hangs where recently another case was filed with Delhi High Court seeking injunction against some websites allowing access to highly rated books from different publishers.
Even though it amounts infringing under copyright laws; however, one cannot deny the social purpose it serves or the person who is unable to afford those books for their research purposes.
Considering this way, so where will they go if there are not any good works that match their research or thesis works?
This is the idea which needs to be talked about and the researchers who possess right to do research are waiting for Delhi HC’s verdict on it.
Also, read – https://blog.ipleaders.in/oxford-v-rameshwari-photocopy-service-case-study/
