Refresher Course in the Library & information Science conducted by the UGC-HRDC, Univesity of Calcutta and Organised by the Department of Library & Information Science, Univesity of Calcutta

1. Innovation and Access
to Knowledge in India:
role of copyright
Dr. Sabuj Kumar Chaudhuri
Department of Library & Information Science
University of Calcutta
Email: sabujkchaudhuri@gmail.com
16 September 2018

2. 16 September 2018

3. Invention Vs Innovation
16 September 2018

4. Refrigerators revolutionized not only the way we eat, but the
way food is manufactured and distributed.
African American inventor John Standard of Newark, NJ Patented on June 14 1891 (U.S. patent #455,891).
16 September 2018

5. Smart Fridge
16 September 2018

6. Valley of Death
16 September 2018

7. • Changes call for
innovation, and
innovation leads
to progress.
-Li keqiang
16 September 2018

8. Innovation
distinguishes between a
leader and a follower
16 September 2018

9. Creating a Climate of Invention & Innovation
16 September 2018

10. Creation of New Idea (Invention)
Conceptualization of New Idea (Decision to
innovate)
Commercialization of New Idea (Innovation)(many
stages)
16 September 2018

11. Primary Players in Global Innovation
Source-WIPO
16 September 2018

12. Source: WIPO
16 September 2018

13. India Innovating...
66 76 81
66 60 57
Rank in Global Innovation Index
India in Innovation
2013 2014 2015 2016 2017 2018
Source-WIPO
16 September 2018

14. “Access to knowledge is the
superb, the supreme act
of truly great civilizations.
Of all the institutions that
purport to do this, free
libraries stand virtually
alone in accomplishing
this.”
16 September 2018

15. Road to Knowledge Society as Envisioned by the NKC
16 September 2018

16. Hard Realities of Copyright Deterrence
16 September 2018

17. Renowned Publishers Blocking Access to Knowledge
16 September 2018

18. 16 September 2018

19. 16 September 2018

20. Very Limited Downloading
16 September 2018

21. Technological Protection
16 September 2018

22. Adobe Digital: a DRM System
16 September 2018

23. Contd...
16 September 2018

24. Contd...
16 September 2018

25. 16 September 2018

26. Denial of Access to knowledge
16 September 2018

27. Ontogeny Recapitulates Phylogeny
16 September 2018

28. Knowledge is Caged
16 September 2018

29. Let us Try to Understand How Copyright is Impeding
Access to Knowledge deterring us to Innovate...
16 September 2018

30. Growth based on technological dynamism
Karl Marx Joseph Schumpeter
16 September 2018

31. Knowledge based economic growth
Robert Solow Fritz Machlup
16 September 2018

32. 16 September 2018

33. 16 September 2018
Philosophical
• Philosophical
Legal
• Legal
Functional
• Functional
3 Aspects of Copyright

34. 16 September 2018
3 Options before Creators of Any Creative Expressions

35. The basic values and ideology of copyright
• Individualism
• Commodification
• Reward
• Consumerism
(Source: The Copy/South Research Group)
16 September 2018

36. Theories of Copyright
• Fairness Theory
• Personality Theory
• Welfare Theory
• Culture Theory
(William Fisher for CopyrightX, Berkman Klein Center for
Internet & Society in the Faculty of Law at Harvard University, US)
16 September 2018

37. Let us discuss the functional aspects of Copyright...
• What is Copyright?
• Copyright is a kind of Intellectual Property Rights (IPR).
• Copyright is a right given by the law to creators (or his Assignee) of literary, dramatic, musical and artistic
works and producers of cinematograph films and sound recordings for a limited period of time after that it
goes into the public domain.
• For copyright protection:
1. The work must be original.
2. The work must be fixed, or presented in a tangible form such as writing, film, or photography.
3. Minimal Creativity ,creativity need only be extremely slight for the work to be eligible for protection.
16 September 2018

38. 16 September 2018

39. Copyright as Economic or Moral Right
Copyright
Economic Right Moral Right
licensed, assigned, Can not be transferred
or reserved
16 September 2018

40. Contd...
Economic Right
1. Rights for reproduction,
2. Rights to publish
3. Rights for rental and lending
4. Rights for modification/adaptation,
5. Right to translate,
6. Rights for distribution
7. Rights for public performance,
8. Rights for public display,
9. Rights of communication to the
public,
Moral Rights
• The Right of Paternity
• The Right of Integrity
• The Right of False
attribution
• The Right of Disclosure
• The Right of Publication
16 September 2018

41. Do you think Librarians to be Copyright Cops ?
16 September 2018

42. Copyright promotes limited accessibility and discourage innovation
Limited accessibility Discourage Innovation
16 September 2018

43. Nothing comes from nothing
16 September 2018

44. Innovation is a Relay Race based on Past
Knowledge of Inventions
16 September 2018

45. Field of Innovation
Trespassers will be prosecuted
Alternative path
16 September 2018

46. Field of Innovation
Trespassers will be prosecuted
Alternative path
T
O
L L GA
T
E
T
O
L L GA
T
E
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
C
L
A
I
M
Royalty,
Licensing,
and
Agreements
IDEA
16 September 2018

47. Field Of Innovation: Patent Ecology
16 September 2018

48. Your Innovation
16 September 2018

49. Place your innovation in the existing patent ecology
16 September 2018

50. Reduced Access to Knowledge
• Reduced access to
knowledge encouraged
by the patenting
system has
tremendous impacts
on new innovations in
developing nations.
16 September 2018

51. Rationale of Innovation
16 September 2018

52. Specification/Disclosure
• Provisional
specification
• Complete
specification
16 September 2018

53. A Patent Document and its Parts
16 September 2018

54. Copyrightable Components of a Typical Patent Document
Bibliographic Information
+
Text with Claims
+
Drawings
16 September 2018

55. Copyright on Patent Document
• Copyright on
patent
specifications and
drawings (if any)
• Whether scientific
literature can be freely
copied for the
purpose of patent
prosecution is also a
matter for discussion.
16 September 2018

56. Embedded Knowledge in Patent Document
16 September 2018

57. What is Prior Art ?
Prior Art = Prior Knowledge
- ANY information in the public domain… that has
been disclosed to the public in any form about
an invention before a given date.
- Includes video recordings, news paper & magazine
articles, speeches, journal papers, patents,
etc.
- If it is public ANYWHERE in the world, it is
prior art!
16 September 2018

58. Laboratory Notebooks
Laboratory notebooks are of particular
importance when United States patent
protection is sought due to the “first to
invent” system. In the United States,
novelty (and priority) of an invention
can be assessed according to the date
an invention was first conceived and/or
reduced to practice, provided that
there is trustworthy corroborating
documentary evidence to support this
date, for example, a laboratory
notebook
16 September 2018

59. Publications may Destroy Novelty
• Any publications published in a
journal of a learned society or
• Exhibited before in an authorized
manner as designated by the
Government within one year from
the date of such filing may be
permissible with a great caution.
• Publications existing on the
date of filing of complete
specification would be
considered as a prior art.
16 September 2018

60. TRIPS to TRAP
16 September 2018

61. Regulatory Capture
16 September 2018

62. Information Asymmetry
16 September 2018

63. Sharp Contradiction
Copyright protection is a
necessary tool for
growth & development.
Copyright is viewed as the
great impediment in the
complex process of
knowledge creation and
innovation
16 September 2018

64. Berne Convention
Berne Convention (1886) is the WIPO
driven CR Convention incorporated
into the TRIPS agreement
India is a member of Berne
Convention (1928-04-01)
India has been a WTO member
since 1 January 1995
India joins TRIPS on January 1,
2005
16 September 2018

65. Early Days of the Convention
France, Germany, and the UK signed the Berne Convention in 1886, they
effectively compelled their colonies to the Convention’s Obligations.
 British India signed Berne Convention in 1928
When colonies across the South became formally independent countries,
many during the 1950s and 1960s including India, they were forced to
comply with the Berne Convention.
Berne Convention is a particularly a rigid , Inflexible and Colonial
convention
16 September 2018

66. New need with Independence
16 September 2018

67. Affordability is Important
16 September 2018

68. Conflict of Interest
• Most countries in the
South quickly realized
that international
copyright conventions
had not been set up with
their particular interests
or requirements in mind
rather they are essentially
European in orientation
16 September 2018

69. Violation of Human Rights
Controlling Knowledge
through strong Copyright
regime globally is a strong
violation of HUMAN
RIGHTS in the global
South or developing
nations
16 September 2018

70. Case Study: HR violation in DU
16 September 2018

71. Contd...
• The petition was filed by three publishers—Oxford
University Press, Cambridge University Press and Taylor
& Francis —against the University of Delhi and
Rameshwari Photocopy Services, alleged to have
violated India’s copyright law by selling photocopied
compilations of study material as ‘course packs’. The
petitioners argue that this amounts to a parallel
publishing enterprise of sorts that is not just illegal, but
also harms their market sales.
16 September 2018

72. Final Judgement
• Finally, Delhi High Court on 16th September 2016 in a landmark
judgement rejected the plea placed by a group of publishers including
Oxford University Press, Cambridge University Press and Taylor &
Francis and said that “Copyright is not a divine right". Copyright is
there to promote creativity but not to impede the knowledge
harvesting by the students. Thus labeling making photocopies by
students out of their textbooks taken out from the library is not crime
rather it should be considered as a process of knowledge harvesting by
the students who otherwise cannot afford costly textbook. It also
comes under the ambit of Section 52 of the Indian Copyright Act meant
for fair dealing of the copyrighted works of creators.
16 September 2018

73. Contd...
Article 26 (section 1) of the
UDHR says that
• Everyone has the right to
education. Education shall be free,
at least in the elementary and
fundamental stages. Elementary
education shall be compulsory.
Technical and professional
education shall be made generally
available and higher education
shall be equally accessible to all on
the basis of merit.
• Section 52 of the Indian
Copyright Act, 1957 says that
• Certain acts not to be
infringement of copyright
that constitutes Fair Dealing
for purposes of private study,
research, criticism, review, or
newspaper summary
16 September 2018

74. Copying-Qualitative or Quantitative ?
Copying
16 September 2018

75. What is Fair Use ?
16 September 2018

76. Determination of Fair Use
Four Factor Analysis
• P (Purpose)
• N (Nature)
• A (Amount)
• M (Marketing)
16 September 2018

77. 16 September 2018

78. Catastrophic for Access to Knowledge
Source: TOI,
Kol/13.9.18
16 September 2018

79. 16 September 2018

80. Thank
You...16 September 2018