[Association of Students for Equitable Access to Knowledge, Link] 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).
We, at ASEAK, had maintained from the beginning that the exceptions within the Indian Copyright Act, 1957, keep reproduction of material for the purposes of education outside the purview of copyright controls. Sure, publishers are running profit making enterprises but universities are not a market. Students pursuing higher education in India come from starkly different socio-economic backgrounds and further, most public universities work with a severe resource crunch. This is worsened by the high costs and very limited reach of academic books which the publishers anyway do not seem to be producing for students. They only make it to libraries and shelves of highly paid academics. Photocopying, then, is just a quick fix in a system which is unable to meet simple demands of students studying in universities. In this situation, to put restrictions and further try to control and profit from a system which in itself is ramshackle and can hardly be afforded by a majority of students is pure evil.
We so far had only appealed to the court to remove a stay order which had been put on Rameshwari Photocopy shop against photocopying from books of the said publishers. The court has gone far ahead and dismissed the publishers’ case. Justice Rajiv Sahai Endlaw observed in the judgment that, “copyright, specially in literary works, is not an inevitable, divine, or natural right that confers on authors the absolute ownership of their creations. It is designed rather to stimulate activity and progress in the arts for the intellectual enrichment of the public. Copyright is intended to increase and not to impede the harvest of knowledge. It is intended to motivate the creative activity of authors and inventors in order to benefit the public”. The judgment has also observed that there is no evidence of “actionable infringement” when it comes to photocopying by the university and its agents, and therefore there is no need for trial and the “suit is accordingly dismissed”.
Click here for the full statement from the Association of Students for Equitable Access to Knowledge
