The Delhi High Court has reserved its verdict in the Delhi University (DU) photocopy case.
A group of international publishers, including Oxford University Press, Cambridge University Press and Taylor and Francis Group, appealed against the September 16 single judge ruling.
Justice Rajiv Sahai Endlaw had allowed Rameshwari Photocopy Services, a shop in the DU campus, to sell course packs using material published by international publishers.
In 2012, the publishers brought about a case of copyright infringement against Rameshwari Photocopy Services, a licenced vendor in DU’s north campus.
Justice Pradeep Nandrajog and Justice Yogesh Khanna heard the appeal and senior advocates Aman Sinha and Sudhir Chandra appeared for most parts on behalf of the respondents and the appellants, respectively.
While we await the verdict of the court, here's ‘who said what’ in the appeal hearings.
Delhi University's submissions
“The language of Statute is clear & unambiguous. Section 52(1)(i) has been specifically incorporated for benefit of students. Thus, a beneficial legislation has to be construed & interpreted in a manner which will benefit the students who are the purported beneficiaries of this legislation.”
“Object of Copyright Act is to increase knowledge & not to impede it. We are a developing country with limited resources & huge population and public interest comprising of students, teachers, education has to be given priority over private interest only handful of copyright owners for the financial gains.”
“The legislative intent to provide benefit to students is evident from the Parliamentary [Lok Sabha] debates at the time of amendment on 22.05.2012:”
Under S52[i] “whatever is required for classroom instruction is outside the scope of copyright. Students and non-profit libraries should not be charged.”