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

Anousha Davies, associate and trademark attorney at Birketts, unpicks how the university’s reputation enabled it to see off a proposed trademark for ‘Cambridge Rowing’
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
Gift this article