Journal of Intellectual Property Rights

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Educational Institutions and Copyright Laws


Affiliations
1 Amrithraj Solomon Private Ltd., Chennai-600041, Tamil Nadu, India
 

The Hon'ble Delhi High Court, has in its judgment delivered on 16 September 2016, ruled that there is no bar in reproducing text books and other educational materials, used for the purposes of imparting education. A study of the world wide practice shows that, though some relaxation is made in respect of reproduction of educational materials, they are limited in their scope, permitting only small extracts to be copied by adopting the principle of 'Fair Use'. International Treaties are also particular about 'Fair Use', which will not have much effect on the rights of the right holders. It is also felt that the interpretation of the Hon'ble Delhi High Court, is not in tune with the letter or spirit of the Copyright Act. An earlier ruling of the Hon'ble Supreme Court, also does not support these views. The issue deserves re-look.

Keywords

The Copyright Act, 1957, US Copyright Act, 1976, The Copyright, Designs and Patents Act, 1988 of UK, The German Copyright Act, 1965, Berne Convention, Vienna Convention on the 'Law of Treaties', Fair Practice.
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  • www.copyright.gov.in.

  • (2016)73 taxmann.com 214(Del).

  • www.copyright-service.co.uk.

  • www.wto.org.

  • www.copyright.gov/title17.pdf.

  • www.legislation.gov.uk.

  • www.legislation.gov.au.

  • www.gesetze-im-internet.de/engliisch.

  • www.wipo.int/edocs/exdocs/treaties/en/berne/trtberne_001en.pdf.

  • www.portal.unesco.org.

  • www.portal.unesco.org.

  • www.wto.org.

  • www.treaties.un.org/publications/unt../volume 1155/18232english.pdf.

  • www.copyright.gov.in.

  • (1987) 1 SCC 424.

  • Civil Appeal Nos. 9412-9413 of 2016.

  • (2008) 13 SCC 30.


Abstract Views: 276

PDF Views: 146




  • Educational Institutions and Copyright Laws

Abstract Views: 276  |  PDF Views: 146

Authors

V. N. Muralidharan
Amrithraj Solomon Private Ltd., Chennai-600041, Tamil Nadu, India

Abstract


The Hon'ble Delhi High Court, has in its judgment delivered on 16 September 2016, ruled that there is no bar in reproducing text books and other educational materials, used for the purposes of imparting education. A study of the world wide practice shows that, though some relaxation is made in respect of reproduction of educational materials, they are limited in their scope, permitting only small extracts to be copied by adopting the principle of 'Fair Use'. International Treaties are also particular about 'Fair Use', which will not have much effect on the rights of the right holders. It is also felt that the interpretation of the Hon'ble Delhi High Court, is not in tune with the letter or spirit of the Copyright Act. An earlier ruling of the Hon'ble Supreme Court, also does not support these views. The issue deserves re-look.

Keywords


The Copyright Act, 1957, US Copyright Act, 1976, The Copyright, Designs and Patents Act, 1988 of UK, The German Copyright Act, 1965, Berne Convention, Vienna Convention on the 'Law of Treaties', Fair Practice.

References