India: An expansive education exception to literary works

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India: An expansive education exception to literary works

In a recent decision that has been welcomed and criticised all at the same time, the Delhi High Court in The Chancellor, Masters & Scholars of the University of Oxford v Rameshwari Photocopy Services & Ors has given, as is argued by many, an expansive interpretation to copyright exceptions applicable to educational institutions.

The infringement case was against the preparation and distribution of course packs or compilations of photocopied portions of different books prescribed in the syllabus of a University. This was contracted out to a photocopy services company by the University. As the Court observed, the case boiled down to whether such actions are exempt from copyright infringement. On both counts, the Court ruled in favour of the University and photocopy services provider.

Indian copyright law contains a long list of enumerated exceptions to copyright infringement and the heart of the judgment relates to the one exception that allows a teacher or a pupil to reproduce a copyright protected work, inter alia, in the "course of instruction". The Court was of the view that creating course packs was included in this exception, since it fell within the ambit of the "process commencing from the teacher readying herself/himself for imparting instruction, setting syllabus, prescribing text books, readings and ensuring, whether by interface in classroom/tutorials or otherwise by holding tests from time to time or clarifying doubts of students, that the pupil stands instructed in what he/she has approached the teacher to learn". The Court further ruled that the application of this exception is not affected merely because the work is contracted out to a third party service provider.

Such questions of law are never likely to have one correct answer, though some of the statements in the judgment do raise eyebrows. The Berne Convention provides India with the discretion to allow reproduction, but only in special cases, if it does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. Whether the Court's ruling properly accounts for the Berne Convention's test is a different story altogether.

R Parthasarathy


Lakshmi Kumaran & Sridharan

B6/10 Safdarjung Enclave

New Delhi 110029, India

Tel: +91 11 41299800

Fax:91 11 41299899

vlakshmi@lakshmisri.com

www.lslaw.in

more from across site and SHARED ros bottom lb

More from across our site

AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
Gift this article