The DU Photocopy Judgement – A Chronicle of the Missed Arguments

Abstract

The issue of educational use exceptions under copyright law has been a contentious issue in India for several decades. The decision of the Delhi High Court in the lawsuit filed by publishers against Delhi University and the Rameshwari photocopy shop is viewed as a significant victory in favor of the educational use exception contained in the Copyright Act. This judgement is however silent on certain compulsory licencing provisions that were specifically inserted into Indian law to deal with the educational requirements of India. These provisions were meant to deal specifically with the requirement of using copyrighted work for educational content. For reasons not clear, the Delhi High Court judgement did not consider these legislative provisions while interpreting the Copyright Act. For this reason alone, it is possible to argue that the judgement of the Delhi High Court is per incuriam.

Keywords: Delhi University; Copyright Act; Compulsory Licence; Berne Convention; Limitations and Exceptions; Irro; Fair Dealing

JEL Classification: K29