Scope of Educational Use Exceptions: A critical analysis in the context of Delhi University photocopy shop judgments

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)

7. Context - DU Photocopy Shop Litigation
 Course Packs
Image courtesy: Pragya Jha

8.  Arguments of the plaintiffs

9.  Arguments of the defendants

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

15. Thank You!
arul.scaria@nludelhi.ac.in
@arulscaria