Setback for Publishers: Photocopying of Books Okay in DU, Rules HC

The verdict came in response to a plea filed by international publishers against the sale of photocopied books.

Students outside a photocopy shop in Delhi University. (Photo: The Quint)

In a landmark verdict that could have a far-reaching impact on copyright laws in the country, the Delhi high court on Friday dismissed the plea filed by three international publishers against the sale of photocopied books in Delhi University, reported Hindustan Times.

The publishers had alleged that the photocopiers were not only causing a violation of their copyright, but also causing them massive financial losses, as students would only buy the photocopied chapters, not their books.

While passing the verdict, Justice RS Endlaw said, “Copyright is not a divine right,” and also lifted the ban on a photocopier kiosk from issuing copies of chapters from textbooks of the publishers.

The publishers – Cambridge University Press, Oxford University Press and Taylor & Francis – issued a joint statement after the verdict asserting that, “whilst the verdict is not what we had hoped for, we note the court’s decision on the matter.”

They further added that the case was filed to “protect authors, publishers and students from the potential effects on the Indian academic and educational book market caused by the widespread creation and distribution of unlicensed course packs by a copy shop operating from within the premises of the University, where a legitimate and affordable licensing scheme is already in place.”

Students at the University, however, were rallying for the photocopiers asserting that the photocopy of copyrighted books were meant for educational purpose and not for commercial exploitation.

They further argued that dubbing the “reproduction of copyrighted books for educational purpose as infringement was wrong,” as the copyright Act of 1957 allows for exemption on “fair use”.

The report also quoted Intellectual property experts, who were relieved with the verdict.

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. The Court has actually said that copyright is not divine and that education is an important social need. This is a huge moment.

Shamnad Basheer, Intellectual Property Law Expert

(With inputs from Hindustan Times.)