DU students retain their photocopied texts, as HC rules against publishers

In a landmark move, the Delhi High Court on 16 September dismissed pleas filed by publishing giants University Press, Cambridge University Press and Taylor & Francis against the sale of photocopied textbook material from kiosks at Delhi University.

Justice Rajiv Sahai Endlaw also lifted the ban that had been imposed on the photocopy kiosk inside the Delhi School of Economics campus from selling photocopied material from chapters of textbooks belonging to these publishers, Hindustan Times reported.

In November 2012, the court banned Rameshwari Photocopy Services from doling out copies to students after a petition was filed by the three international publishers in question.

The publishers approached the court with the grievance that students were no longer buying their textbooks, and were opting for the photocopied material, causing them huge financial losses. They also alleged that it was a clear case of copyright infringement.

Delhi University, however, argued that the use of reproduced copyrighted books by students fell within the ambit of "reasonable educational needs" and does not amount to infringement. It also pointed out that the Copyright Act, 1957 lays down exceptions under "fair use" of work that included instances for educational purposes.

The photocopied material was being used by students for educational purposes, and did not amount to commercial exploitation.

Intellectual property experts hailed the verdict, saying the court had correctly upheld the supremacy of social good over private property. "Copyright laws are meant to balance public and private interests but in recent years, the public interest has been eroded due to lobbying. The HC has restored that balance," Shamnad Basheer, an intellectual property law expert told the Hindustan Times. "The court has actually said that copyright is not divine and that education is an important social need. This is a huge moment," he said.