Tuesday, August 22, 2017

Fair use exceptions for libraries under Indian copyright law



Fair use exceptions for libraries under Indian copyright law

The table below summarizes activities of libraries that would be considered fair under the Indian copyright law:

SL No
Action
     Permissibility
        Comment
1
Photocopying copyrighted books or materials
(For research, education and/or private study)
NA
In the course of instructions as part of education
 Section 52(1)(a) and Section 52(1)(i)
a) Parts of books
Permitted
See Para 73 of DU Copyright Case

b) Photographing parts of books

Permitted
This include photographing using cameras
See Para 78 of DU Copyright Case
c) Entire books
Not Permitted
Might not be considered fair use or fair dealing unless the book is not available for circulation in India
                      d) Articles
        Permitted
Articles include research papers, journal publications, blog posts etc
     e) Charging for photocopying
Permitted
Reasonable price can include photocopying and assistance charges




2
 Reproducing copyrighted works/materials

NA
Materials may include audio or video content such as audio lectures, songs, films or documentaries.
a)  Digital copy for storage


Permitted


See Section 52(1)(n) of the Copyright Act.
This exception is applicable only for storage purposes and not for distribution
b)  Digital copy for searching
Permissible
No specific provision exists, however it will be considered as fair use
c)   Printing digital copies created under (a) and (b)
Not-permitted
Can be printed only when original copy is destroyed 
d)   Books not in circulation in India

Permitted
 See Section 52 (1) (o) of the Copyright Act
Only three copies can be made
e)  Printing parts of digital books for course pack/course  works/ research
Permitted
Provided E-books are legally purchased by the library
   f)  Printing entire digital books
Not permitted
Unless permitted under the license
   g)  Unpublished Works  for private study or  research
Permitted
See Section 52(1)(y)






3
Issuance and/or distribution of Copyrighted books/ materials
NA
Materials may include audio or video content such as audio lectures, songs, films, documentaries.
a)   To professors, students or members 
Permitted

NA

b)  To third parties for private use or research
Permitted
See Section 52(1)(a)

c)  Inter library loan

Permissible

NA

d)  Access to E-books on library platform

Permitted
Provided e-books are acquired legally and subject to permissions/ restrictions provided in the license agreement, and fair dealing/ fair use provisions.




4
Conversion of copyrighted books/ materials into accessible format for the disabled
NA
NA

a)   Creating e-books, audio books, braille books etc from the books available in the library

Permitted
See Section 51(1)(Zb)
b)   Making copies of materials mentioned in (a)

Permitted
NA
c)   Issuance/ distribution of copies to disabled persons
Permitted
For the purposes of private or personal use, education or research
d)  Charging for materials mentioned in (a)

Permitted
Reasonable charges to recover the cost of creation




5
Performance of copyrighted materials
NA
Performance of songs, films, plays, artworks or books 
a)   Performance in events before students, staff and parents
permitted
See Section 52(1) (j) of copyright act

b)  Charging for events
Not permitted
NA




6
Translation of copyrighted works/ materials
NA
NA
a)  For purposes of fair use/ dealing
Permitted
NA
b)  Course packs
Permitted
NA




7
Circumvention OF DRM Measures
NA
NA
a) For purposes of fair use/ dealing
Permitted
See Section 65(A)




8
Making and distributing Course Packs
NA
NA
a)   Master reference copy
Permitted
Master reference copy can include chapters or paragraphs from copyrighted books, articles  or any other copyrighted materials
b)   Copies of course pack
Permitted
NA
c)  Selling course pack
Permitted
Reasonable price
can include photocopying and assistance charges
d)  Outsourcing copying/sale of course packs
 permitted
Reasonable price
can include photocopying and assistance charges
e)  Combination of copyrighted and public domain works
Permitted
See Section 52(1) (h) of Copyrighted






Note: Permitted usage have been generalized and Readers are advised to review specific sections and cases to understand the scope and extend of the said exceptions. 


Regards

Pralhad Jadhav  

Senior Manager @ Knowledge Repository  
Khaitan & Co 

Upcoming Conference | National Conference on Transforming Libraries into Knowledge Resource Centres 11th – 12th January 2018, SNDT Mumbai For further details contact Prof Jyoti Bhabal (jyotibhabal@gmail.com )



Twitter Handle | @Pralhad161978

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