HC rejects publishers’ plea against photocopying of books

New Delhi, Sep 16 (PTI) In a decision which would helpstudents, Delhi High Court today rejected a plea of someforeign publishing houses against the sale of photocopies oftheir textbooks, saying copyright in literary works does notconfer "absolute ownership" to the authors. Justice Rajiv Sahai Endlaw also lifted a ban on aphotocopy shop located at the Delhi University campus fromselling photocopies of chapters from textbooks of someinternational publishers to the students. "Copyright, specially in literary works, is thus not aninevitable, divine, or natural right that confers on authorsthe absolute ownership of their creations. It is designedrather to stimulate activity and progress in the arts for theintellectual enrichment of the public. "Copyright is intended to increase and not to impede theharvest of knowledge. It is intended to motivate the creativeactivity of authors and inventors in order to benefit thepublic," the court said. The court said the action of making a master photocopy ofrelevant portions of the books of these publishers "does notconstitute infringement of copyright under the Copyright Act". "If the facility of photocopying were not to beavailable, they would instead of sitting in the comforts oftheir respective homes and reading from the photocopies wouldbe spending long hours in the library and making notesthereof. "When modern technology is available for comfort, itwould be unfair to say that the students should not availthereof and continue to study as in ancient era. No law can beinterpreted so as to result in any regression of evolvement ofthe human being for the better," it observed. In 2012, a group of publishers, including OxfordUniversity Press, Cambridge University Press (UK), CambridgeUniversity Press India Pvt Ltd, Taylor and Francis Group (UK)and Taylor and Francis Books India Pvt Ltd, had moved courtalleging that Rameshwari Photocopy Service in DU wasinfringing their copyright over the text books. Reacting to the judgement, the publishers in a jointstatement said, "it is unfortunate that the court’s decisiontoday could undermine the availability of original content forthe benefit of students and teachers." "We brought this case to protect authors, publishers andstudents from the potential effects on the Indian academic andeducational book market caused by the widespread creation anddistribution of unlicensed course packs by a copy shopoperating from within the premises of the University, where alegitimate and affordable licensing scheme is already inplace," the statement said. (More) PTI PPS ABA RKSARC