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

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article