THE EFFECT OF COPYRIGHT ON EDUCATION: THE DELHI UNIVERSITY PHOTOCOPY CASE

Abstract

In this paper we consider the implications that the recent judgment of the Delhi High Court in the Delhi University Photocopy Case has on education and the copyright law in India. This article aims at understanding the copyright jurisprudence that brought about clarity to the copyright law with special regard to education. It also examines the various circumstances under which copyright may be allowed, going into the reasoning for the same. It compares cases nationally and internationally in order to understand the stances of other countries at a global level with respect to what constitutes “fair” and “reasonable” in the case of copyright. The rights of students for the purpose of education is also considered in order to understand the rights that they have against copyright holders and the rights that these copyright holders; publishers and authors have in order to profit from their work. This article provides recommendations for actions that should be considered to further the judgment passed in a way that would benefit publishers and the student population at large. The development of think tanks in India and their increasing role in the part that they would play for the purchase of research books and material should be taken into consideration while the publishers make the same material available to students with the aim of reducing the cost. It recommends that the publishers provide the material online at a student friendly rate, which would cut down costs and encourage the building of E-libraries. Through the system of E-libraries, the publishers would get the credit they are due while students can access the information at more affordable rates. It also recommends licenses be granted by the publishers to universities to maintain books given in the library to increase accessibility coming to an agreement rather than a compromise for the students, universities and publishers.