Photocopying books does not amount to infringement of copyright

Honourable Delhi High Court on September 16, 2016 in THE CHANCELLOR, MASTERS & SCHOLARS OF THE UNIVERSITY OF OXFORD & ORS  v. RAMESHWARI PHOTOCOPY SERVICES & ANR., held that the photocopying of course packs prepared by Delhi University comprising portions from books published by Oxford University Press, Cambridge University Press and Taylor & Francis did not amount to infringement of copyright.

The court dismissed the suit initiated by the publishing majors, which had sued DU and Rameshwari Photocopying Services, a kiosk inside the Delhi School of Economics, claiming infringement of copyright by engaging in preparing copies of course packs with portions culled out of its books in keeping with the syllabus prescribed by the varsity.

Justice Rajiv Sahai Endlaw also lifted the stay on the kiosk from photocopying the course packs. The case had seen protest by students who backed the kiosk.

“Copyright, especially in literary works, is thus 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,” said Justice Endlaw.

“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,” he added.

Explain the concept and types of intellectual property rights

The term intellectual property refers to creation of the mind. Intellectual Property is at par with any other property. It gives certain rights and privileges to the owner of the intellectual property. The term intellectual property is not defined anywhere.

However, the Convention Establishing the World Intellectual Property Rights (Popularly known as WIPO) listed out certain subject matter to be protected under the tag of intellectual property. They are;

• Literary, artistic and scientific works;
• Performances of performing artists, phonograms, and broadcasts;
• Inventions in all fields of human endevour;
• Scientific discoveries;
• Industrial design;
• Trademarks, Service marks and commercial names and designations;
• Protection against unfair competitions; and
• All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

Intellectual property can be classified into two types such as Industrial property and Copyrights.

Industrial Property

An industrial property shall be understood in its broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products.

Industrial property can be further classified into two, such as; Protection of distinctive signs, in particular trademarks and geographical indications. It aims to stimulate and ensure fair competition and to protect the interest of the consumers.

Other kind of industrial property stimulate innovation, design and creation of technology. Its social objective is to provide protection to the results of investments in the development of new technology. Thus giving an incentive and means to finance Research & Development (R&D) activities.

Copyright

The term Copyright refers to the main act, which, in respect of literary and artistic creations, may be made only by the author or with his authorization. It is also known as author’s rights. The object behind framing most of the intellectual property laws are to “Promote Progress”.

It should be noted that, the exclusive rights given generally are subject to a number of limitations and exemptions aimed at fine-tuning the balance that had to be drawn between the legitimate interests of right holders and of users.