Legal To Photocopy Textbooks - Delhi Court Rules

Discussion in 'Education & Personal Growth' started by Rihana, Sep 19, 2016.

  1. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    Delhi University Photocopy Shop Wins Copyright Case Against Publishers

    Rameshwari Photocopy Service, a modest photocopy shop in Delhi University's North Campus has won a four year-long legal battle against some international publishing giants who accused them of copyright infringement.

    Oxford University Press, Cambridge University Press had filed a petition against the shop and Delhi Univ. The Court ruled that students getting books photocopied from DU's library or at a DU authorised photocopy shop are protected under Section 52 of the Copyright Act, which exempts education from copyright infringement.

    The Court also said that copyright, is not a divine or natural right that confers absolute ownership on authors. Further, it noted that students are made to take photocopies as they might not be able to afford the original books or the library might not have enough copies of each book.

    What do you think? I was very surprised at the ruling and reasons provided.
     
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  2. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    If the books are too expensive, why can't Delhi Univ require professors to use cheaper books? Or write a book themselves? Or, arrange with the international publishers for cheaper Indian imprints or editions?

    I simply don't get this - just because the end aim is education, photocopying books by authors become OK?

    Somehow, I feel strong contempt for anyone who profits from the written work of another, without the explicit permission of the writer, or due to some elaborate legal maneuvering.
    .
     
  3. ashima10

    ashima10 Platinum IL'ite

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    I remember my queue to such north campus shops during graduation time ! From a student point of view and for a student like me I was never satisfied with one book , I do not know from where I got this habit but right from std.X I had this habit of referring as many book as possible , I did buy good number of books from my seniors and second hand from bookshops...they were still costly 400-500 rs in 2010! So even if i get money from parent I don't think I would have bought all the books. And the Xerox wale "bhayya" knew more imp pages than us !! ( sometimes) . That time i would have fainted if Xerox shop was shut down.

    Now 6 years later I think I understand from concern here but the bookworm inside me says no way !!
     
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  4. Lakshmi6197

    Lakshmi6197 Gold IL'ite

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    @Rihana : Disclaimer - I have not studied in Delhi. I have done my graduation and post graduation from a central university. The way the syllabus was structured, we had to somehow refer a number of books, usually one for each unit. And in total if I remember the total number of books I read would be a dozen per subject. Many of the books being eastern economy editions, much cheaper than the US editions. But the eees also cost a couple of grands. Considering 3 subjects it would be expensive and not rational also as we had to study only a fraction of the books. I am not defending what I did. I made some notes and had some stuff photocopied from the books in the library.
    Yes. Never thought of the other side. :rolleyes:
     
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  5. Rajkum846

    Rajkum846 Platinum IL'ite

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    "Taking notes in library - as was done in pre-photocopier days is time consuming. photo copying is easier compared to taking notes." This is one of the reason sited. If copyrights are not protected, I wonder why will anyone want to write books for educational purposes. If no one is going to buy book and just take photocopies, then author does not profit, only the photocopiers make money.
    Now this judgement will lead to costlier books not getting published/sold in India. In turn this will lead to new books written by new authors and publishers who will have to keep the cost closer to what it will cost to photocopy.
     
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  6. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    I get the reasoning that books are very expensive. And yes, photocopying has long been a standard practice among students... but I thought that was illegal. To see a court rule that such copying is legal, was the surprise. It is like court saying pirated DVD is OK because poor people cannot afford the cinema ticket.

    Expensive textbooks is a universal problem. But making photocopying legal is not a fix!
     
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  7. Rajkum846

    Rajkum846 Platinum IL'ite

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    yes, as long as it is for educational purpose. All we got to do is enroll into a 'film appreciation' course and enjoy 'pirated' dvds!!!
     
  8. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    And what was more annoying was the judge's comment "we are not going to blindly ape the west in copyright issues" !!
     
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  9. Amica

    Amica IL Hall of Fame

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    I think this is yet another case of the law not having caught up with technology.

    Copyright laws were originally aimed at publishers, not consumers. They were designed to prevent publishers from copying and publishing each others' intellectual property. Back then, publishers alone had the ability to copy books on a large enough scale to dent another publisher's income. Today, anyone can copy and distribute texts.

    Students make notes in college libraries and share those notes. Students also sell their secondhand books depriving the publisher of income. This has been considered acceptable for a long time.

    The problem here is that the photocopy service is publishing texts without permission and making a profit doing so. If this were a free service or if the students were using a copier themselves, it might not have gone to court.

    I'm not familiar with Section 52 of the Copyright Act, and I don't know if it defines "education." The wording may exclude outright abuse like the "film appreciation course." :lol:

    Since the primary purpose of a textbook is education, does this mean no textbook has copyright protection? :confused:

    Sure, copyright is not a divine right. Neither is land ownership – but I’m sure the Delhi court would not take kindly to someone trespassing on its property, say, by setting up home in its main lobby. :p

    How the court determined this, we don’t know. Of all the students that benefited from the copying service, surely there must have been one or two that could afford to buy the book? This ruling denies the publisher any slight additional profit it might have made.

    tldr version: IMHO, this ruling is terrible. The law needs to catch up with technology.

    .
     
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  10. Amica

    Amica IL Hall of Fame

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    No aping the West. :nono:

    Stealing from the West, OTOH, is fine. :rolleyes:

    :lol:

    .
     
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