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	g)  Unpublished Works  for private study or  research		Permitted	See Section 52(1)(y)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. 

Link | https://www.bananaip.com/ip-news-center/fair-use-exceptions-libraries-indian-copyright-law/

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 )

Blog | http://pralhad-fyilibrarian.blogspot.in/  

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