THE HINDU Editorial Vocabulary- September 21, 2016- Topic 1
The Delhi High Court verdict that photocopying portions of academic publications to make course packs for
students does not amount to copyright infringement has been interpreted by many
as a victory for the wider public interest of ensuring affordable access to
quality educational material. The only question of law that arose in the suit
filed by Oxford University Press, Cambridge University Press and Taylor &
Francis was whether the making of course packs by the Delhi University by
authorising a photocopying store to make numerous copies of course material
drawn from different books amounts to copyright infringement. The court says
copyright is not a natural or common law right in India, but is subject to
statute. It proceeds to hold that photocopying for academic purposes is not an
infringement as Section 52(1)(i) of the Copyright Act permits the making of
copies of literary works by a teacher or pupil ‘in the course of instruction’,
a phrase interpreted to cover whole academic sessions, from the preparation of
syllabus onwards.
Given that the law contains provisions barring
infringement of copyright and
listing acts that do not constitute infringement, there is no doubt that the
legislature wanted to balance copyright protection with the public interest in
ensuring access. Interestingly, the judge sees the ‘no infringement’ clauses as
being consistent with articles in the Berne Convention and the Agreement on
Trade-Related Aspects of Intellectual Property Rights, which provide for
domestic legislation to permit reproductions for specific purposes, as long as
they do not conflict with normal exploitation of the works or unreasonably
prejudice the rights-holder. The publishers have argued, in vain, that
universities should not allow unrestricted photocopying, but instead apply for
licences through the Indian Reprographic Rights Organisation, a registered
copyright society. The publishers may pursue this aspect in their appeal, if
there is one. The verdict may justly raise the concern whether conferring
unrestricted reprographic rights on academic institutions will drive reputed
publishers out of the field of education. It is true that academic
publications, especially international ones, are expensive, putting them beyond
the reach of many students. But the question is whether the balance between the
competing interests has been fully preserved in the law. If reputed publishers
feel that there is insufficient copyright protection and back out of
educational publishing in the country, it will be equally injurious to the
public interest.
Vocabulary
Infringement: the action of breaking the terms of a law, agreement, etc.; violation.
Example: Copyright infringement
Affordable: inexpensive; reasonably priced.
Example: Affordable housing
Suit: be convenient for or acceptable to.
Example: He lied whenever it suited him
Synonyms: be convenient for, be acceptable to, be suitable for, meet
the requirements of
Statute: a written law passed by a legislative body.
Example: Violation of the hate crimes statute
Synonyms: law, regulation, enactment, act, bill, decree, edict, rule
Exploitation: the action of making use of and benefiting from resources.
Example: The Bronze Age saw exploitation of gold deposits
Synonyms: utilization, use, making use of, making the most of, capitalization
on
Prejudice: preconceived opinion that is not based on reason or actual experience.
Example: English prejudice against foreigners
Synonyms: preconceived idea, preconception, prejudgment
Vain: having or showing an excessively high opinion of one's appearance,
abilities, or worth.
Example: Their flattery made him vain
Synonyms: conceited, narcissistic, self-loving, in love with
oneself, self-admiring
Preserved: maintain (something) in its original or existing state.
Example: All records of the past were zealously preserved
Synonyms: conserve, protect, maintain, care for, look after
Reputed: be generally said or believed to do something or to have particular
characteristics.
Example: He was reputed to have a fabulous house
Synonyms: thought, said, reported, rumored, believed, held, considered, regarded, deemed
Injurious: causing or likely to cause damage or harm.
Example: High temperature is injurious to mangoes
Synonyms: harmful, damaging, deleterious, detrimental, hurtful, baleful
