Journal of Intellectual Property Rights

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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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