1. Dr Arul George Scaria
Co-Director, CIIPC | Assistant Professor, National Law University, Delhi
CopyrightX Summit 2017
Harvard Law School, May 15-17, 2017
Scope of Educational Use Exceptions:
A critical analysis in the context of Delhi University photocopy shop judgments
2. Context - Exceptions under Indian copyright
law
Hybrid model
Fair Dealing exception + Enumerated exceptions
3. Fair Dealing Exception
Sec. 52 (1)(a)
Fair dealing with any work (not being a computer program) –
for the purposes of
private or personal use, including research
criticism or review
reporting of current events and current affairs, including the
reporting of a lecture delivered in public
4. Sec. 52 (1)(i)
“(i) the reproduction of any work –
(i) by a teacher or a pupil in the course of instruction; or
(ii) as part of the questions to be answered in an exam; or
(iii) in answers to such questions.”
5. Sec. 52 (1) (h)
“[T]he publication in a collection, mainly composed of non-
copyright matter, bona fide intended for instructional use, and so
described in the title and in any advertisement issued by or on
behalf of the publisher, of short passages from published literary
or dramatic works, not themselves published for such use in
which copyright subsists:
Provided that not more than two such passages from works by
the same author are published by the same publisher during any
period of five years.
Explanation.-In the case of a work of joint authorship, references in this clause to passages
from works shall include references to passages from works by any one or more of the
authors of those passages or by any one or more of those authors in collaboration with any
other person”
6. Some of the other exceptions with high
importance for education/ research
Sec. 52(1)(j)
Sec. 52(1)(n)
Sec. 52 (1)(o)
Sec. 52 (1)(p)
Sec. 52(1)(zb)
10. Key Aspects of the Single Bench Decision
The Chancellor, Masters & Scholars of University of Oxford &
others v. Rameshwari Photocopy Services & others
Justice Endlaw
Delhi High Court
September 2016
11. Key Aspects of the Division Bench Decision
The Chancellor, Masters & Scholars of University of Oxford & others v.
Rameshwari Photocopy Services & others
Justice Nandrajog and Justice Khanna
Delhi High Court
December 2016
12. Current status
April 29, 2017: SLP filed by IRRO before the Supreme Court
of India
May 9, 2017: Refusal by the Supreme Court
13. Whether the judgments have broadened the scope of
educational use exceptions?
If yes, is that a desirable result, from a policy perspective?
14. Conclusion
Broadened the scope of educational use exceptions
May incentivise other jurisdictions for similar approaches
Major victory for access to knowledge movement