Three publishers lose case against Delhi University photocopy shop

Stating that bulk photocopying is not an infringement of copyrights, the Delhi high court lifted the ban on a photocopy kiosk in Delhi University. The landmark verdict, coming as a setback for three international publishing giants who had initiated a suit against Rameshwari Photocopy kiosk in Delhi University, can have an impact on copyright laws in India.

While the court has observed that the photocopying of chapters from course books are not an infringement, experts in IP law believe that the order deals only with course packs designed by the university and not all books in general. The international publishing houses — University Press, Cambridge University Press and Taylor & Francis — had alleged that the kiosk was violating their copyright and, “at the instance of Delhi University,” was causing huge financial losses as students had stopped buying their text books.

Justice Rajiv Sahai Endlaw also lifted a ban on the kiosk, which means that similar shops can now photocopy and sell content from published texts. Claiming that “copyright is not a divine right,” Justice Endlaw observed that photocopying material for educational purposes was an exception to the Copyright Act, 1957. He concluded that there was no need for a trial because “no actionable infringement” was taking place. The verdict, which can be seen as student friendly, said that it will be unfair to expect students to buy the prescribed books. “If the facility of photocopy was not available, then the students would be sitting in library for long hours If the technology is available for comfort, it would be unfair to say that the students should not avail thereof and continue to study as in ancient era. No law can be interpreted so as to result in any regression of the evolvement of the human being for the better.”