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FairUse and CoursePacks

- For students, Authors and Teachers
by

Gowri Natarajan

on 9 May 2013

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Transcript of FairUse and CoursePacks

By Gowri Natarajan FAIR USE and
COURSE-PACKS Symbols Of Mice and Men Plot/Storyline Symbols The Secret Life of Bees Race & Culture The Secret Life of Bees Race & Culture Of Mice and Men Dynamic Characters Of Mice and Men Dynamic Characters The Secret Life of Bees Hands-on Activity! Felony! Dynamic Characters The Secret Life of Bees Dynamic Characters The Secret Life of Bees Audio Print Correct Use of Print for coursepacks: Computer
Software Video Correct use of Software in Coursepacks Incorrect Use of Audio: Correct use of Audio: NOT A FAIR USE !!!!! YOU be
the model
of copyright compliance for teachers, staff and administration. Please divide into six teams. Each team will be given a poster board divided into two columns, "Acceptable and Unacceptable," along with six possible copyright scenario cards. Please read the cards and place them in the correct column. Copyright Act: Incorrect use of print for coursepacks: Incorrect use of Computer Software in Coursepacks: Thank you for your attention! It gives the creator of an original work, the right to protect their work from unauthorized use by others. Correct use of videos in Coursepacks: Ensure that all video material shown to students is directly related to the curriculum and in a classroom setting. Up to 10% or 3 minutes, whichever is less of an individual program, maybe used if it pertains specifically to the curriculum. Video must have been obtained legally. Showing entire videos: entertainment videos in the classroom, during recess, the day before a school holiday...or ever - is wrong!" Showing students videos on long bus rides or after school hours such as during a parent meeting - If it is not in the classroom for educational use, it is not acceptable use! Don't apologize
for obeying
federal
copyright law.
It's the right thing
to do. Simpson, Carol. Copyright for Schools: A Practical Guide. Fifth ed. Santa Barbara, CA: Linworth Books, 2010. Print. "What is Fair Use?." Stanford Copyright and Fair Use. Stanford University Library, 2010. Web. 29 Nov. 2012. <http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html>. Possible Statutory damages:
$750 to $30,000 per infringement If a copyright notice is visible, the courts may assume it was intentional and the fine may climb as high as $150,000. It only takes 10 pirated copies of software for the fine to be up to $250,000
and the penalty to be raised to
felony status! Leaving a video for the substitute to show while the teacher is gone all day - even if it does pertain to the lesson, if the teacher is not there giving direct instruction, the video is off limits! Make only one archival copy of commercial software. Store it off site and do not allow anyone to use it. Universities in the same city require a different software license. Instructor may make ONE archival copy in any format for personal use (print, transparency scanned into a multimedia program). Clip art and graphics should be chosen and used judiciously throughout the school by teachers, cheerleaders, band members, and special teams when designing bulletin boards, t-shirts, murals and decor. No copying workbooks! Do not copy instead of purchasing books or magazines. Administrators should not instruct teachers or anyone else to copy illegally to keep themselves out of trouble. Teachers should not copy the same materials over and over year after year. Students will not be charged more than the actual cost for photocopying. Teachers should not record themselves reading a book for a student to listen to unless the student is blind or otherwise unable to use a book. Teachers may use the same material year after year if they are given permission by the copyright owner. Retain and maintain all software licenses. Do not install non-network software on a network computer system. Do not facilitate "cracking"
schemes or copying software. The staff should sign a copyright compliance agreement at the beginning of every school year. The staff should be reminded at the beginning of each year the importance of copyright compliance and of the district's copyright policies. Document the date of all video recordings as they must be deleted in a timely manner dependent upon the type of recording. The person pushing the buttons on the copier or printer is as guilty of copyright infringement as the administrator who knows they are doing it and turns a blind-eye. Always keep receipts and purchase orders. Retain the documents necessary to prove public performance rights. Internet Incorrect Use of the Internet: The librarian should post copyright notices on all school VCR's, DVD players, scanners, computers, smart-boards, and projectors to remind administration, staff and students daily of copyright responsibilities. Do not copy or forward emails. The original author is the owner of the context of the email, not you! So obtain permission before sharing or altering their words. If you post to a newsgroup, discussion list or list-serve, consider that work published and permission granted for others to use "fair use" judgement to quote you. While making coursepacks as websites, consider whether you have the consent of parents if you have photos of children, and proper rights for graphics, clip art and logos. When in doubt, use the four factors test. Have a 'Registered Agent,' a designated person on campus, registered with the Copyright Office, prepared to take down any material from the school website anyone claims is infringing on copyright. Do not think that because you have created video supplements, podcast, Pinterest accounts, Wiki's, blogs ...... and lesson plans that they are yours to keep - they are not! They belong to the school district for which you have created them. Before you upload them to the internet, obtain permission from administration. Background Music Acceptable IF: Quietly in a small area (classroom or office)
Non-profit area (classroom or library)
Person-in-charge is not being payed to choose and play the music
No admission charge unless all proceeds go directly to education A Performance License covers: "Hold" music on the telephone
Band entertainment performances
Music in the cafeteria
Pump-up music at athletic events
Hiring a band for school dances No student or teacher may not take a popular song and rewrite the lyrics. Professors may take portions of recordings and create an anthology for students to use for examinations or music study. Royalty-Free Audio Materials: A1 Free Sound Effects - http://www.a1freesoundeffects.com CCmixter -
http://ccmixter.org Freeplay Music -
http://www.freeplaymusic.com Royalty Free Music -
http://www.royaltyfreemusic.com Do not transfer audio tapes to CD's or MP3 files to avoid purchasing. Do not make additional copies of audio recordings to avoid further purchases. WORKS CITED What works are protected? *Literary works - databases & softwares
*Musical works - accompanying words
*Dramatic works - accompanying music
*Pantomimes and choreographic works
*Pictorial, graphic and sculptural works
*Motion pictures
*Audiovisuals
*Sound recordings
*Computer programs
*Architectural works Copyright protects expression, not ideas or facts http://www.copyright.gov/title17/

*Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries

*U.S. federal government works

*Works in public domain What is not protected by copyright in U.S ? Who owns copyright in a work ? *Authors or publishers.

*Employer who hired the copyrighted work.

*Heirs or other special beneficiaries; transferees Certain limitations and exceptions to copyright enable use of copyrighted works without prior permission of the copyright holder or payment of a royalty. Fair use is one of these. Refer Sections 106 and 106A. FAIR USE Exclusive rights of copyright holders in U.S. 1. Reproduction
For example: quoting, photocopying, digitizing, printing, downloading, posting to a website.
2. Derivative work
For example: creating a translation, abridgement, annotated version, revised version, film based on book, drama based on novel, collage, musical arrangement.
3. Public distribution
For example: making a work publicly available on a website or other electronic forum where it can be copied.
4.Public performance
For example: showing a motion picture for a public audience, streaming a video to the public
5. Public display
For example: Placing works on a website where they can be publicly viewed; publicly displaying still shots from a film; publicly displaying photographs
6. Public performance by means of a digital audio transmission
For example: streaming a recorded song to the public
[Section 106] The conditions of public domain have become very complex due to the US congress occasionally redefining and extending the length of the copyright. If published before 1923, in public domain If published with notice from 1923-1963 and renewed, 95 years from date of publication If published with notice from 1964-1977, 95 years from date of publication. If created, but not published, before 1978, life of author + 70 years or 12/31/2002, whichever is greater If created from 1978- , life of author + 70 years (for works of corporate authorship, works for hire, anonymous and pseudonymous works, the shorter of 95 years from publication or 120 years from creation If created before 1978 and published between 1978 and 12/31/2002, life of author + 70 years or 12/31/2047, whichever is greater If published without notice from 1/1/1978-3/1/1989 and registered within 5 years, or if published with notice in that period, life of author + 70 years (for works of corporate authorship, works for hire, anonymous and pseudonymous works, the shorter of 95 yrs from publication or 120 yrs from
creation) PURPOSE (2) the nature of the copyrighted work; AMOUNT (4) the effect of the use upon the potential market for or value of the copyrighted work. 4 Factors of FairUse Mensioned in Section 107 (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; FAIR USE THAT DOES NOT INFRINGE : 1. CRITICISM
2. COMMENT
3. NEWS REPORTING
4. TEACHING
5. SCHOLARSHIP
6. RESEARCH Weighs for Fair Use: Education, research, criticism, comment, news reporting, transformative use, parody, non-commercial use Weighs against Fair use: Commercial use, entertainment, non-transformative use NATURE Weighs for fair use: Published, work of factual nature, informational, nonfictional Weighs againt fair use: Unpublished, highly creative work Weighs for fair use: : Small portion, non-essential portion Weighs against fair use: Large portion, “heart” of the work Effect on Market Weighs for fair use: No major effect on market or potential market for work Weighs against fair use: Affects market or potential market for work Fair Use Case 1: Harper & Row, Inc. v. The Nation Enterprises, 471 U.S. 539 (1985)

About 300 words from an approx. 30,000-page manuscript.
Is it a Fair Use or not ?

http://en.wikipedia.org/wiki/Harper_%26_Row_v._Nation_Enterprises


http://www.law.cornell.edu/supremecourt/text/471/539

http://www.law.cornell.edu/copyright/cases/471_US_539.htm Fair use case 2: Salinger v. Random House, Inc., 811 F.2d 90 (2d Cir.), cert. denied, 484 U.S. 890 (1987)

Large portions of unpublished letters by J.D. Salinger paraphrased by a biographer for publication in a book.
Fair Use or not?

http://www.law.cornell.edu/copyright/cases/811_F2d_90.htm

http://en.wikipedia.org/wiki/Salinger_v._Random_House Fair Use case 3: Wright v. Warner Books, Inc., 953 F.2d 731 (2d Cir. 1991)

Quotes from 6 unpublished letters and 10 unpublished journal entries, not more than 1% of Wright’s unpublished letters used in a scholarly biography. Fair Use or not?

http://en.wikipedia.org/wiki/Wright_v._Warner_Books Fair Use case 3: Penelope v. Brown, 792 F. Supp. 132 (D. Mass. 1992)
Writer of manual for aspiring authors used examples of sentences taken from a book on English grammar and usage, in 5 pages of a 218-page book.
Fair Use or not? F Fair use case 5: Sundeman v. The Seajay Society, Inc., 142 F.3d 194 (4th Cir. 1998)Scholar used quotations from an unpublished literary manuscript in research paper presented at academic conference.

Fair Use or not?
http://openjurist.org/142/f3d/194/sundeman-v-the-seajay-society-inc COURSE PACKS Coursepacks at Website Coursepacks at Classrooms(Face-Face) Distance learning: LINKING rather than BROADCASTING: COURSEPACKS The website you use to post materials should be closed, via password protection, to only students and certain university personnel.
Closing the website provides you with protection: (1) Much more likely to be fair use; (2) Difficult to discover; and (3) Limits the "harm" caused to the owner.
Example: materials uploaded on Blackboard Choose classroom materials with high educational value but low market value. Consider the various risks of: (1) Showing a popular clip that has a market value or a clip of a low-profit independent film; (2) Posting 5 pages from the current bestseller or 5 pages from an obscure textbook. Continuous broadcasting could create problems.
Linking is much more advantageous. Provide your students with the link rather than the work itself.
Search Google Video and YouTube to find helpful clips QUIZ:


Which of the following is fair use for amount of a book taken and used in your course pack?
30%

18%

8%

5% EValuating Fair Use: You are not guaranteed that a use is fair use.
The copyright owner can still bring the lawsuit; fair use is a defense.
Norms in the education industry frown upon one educator suing another educator. Teach Act: The TEACH Act provides rights for distance learning classes. Institution Conditions (1) Policies and provide information about copyright; (2) Reasonably prevent students from keeping works after class session and redistributing them; and (3) Not interfere with technological controls by copyright owners. Conditions on the Work (1) Made under supervision of instructor; (2) Directly related to a regularly-taught class; and (3) Technologically limited to students in the class. works you can use entirely works you can use just a portion (1) Performances of a non-dramatic literary work Includes: reading a short story, poem, or article Excludes: performing a play or transmitting audiovisual works (e.g., movies)

(2) Performances of a non-dramatic musical work Includes: playing/singing a song Excludes: opera or transmitting audiovisual works (e.g., music videos).

(3) Still images (pictures) A new provision of the Copyright Act allows you to make copies of digital works and make digital copies of analog works. See 17 U.S.C. § 112(f). Limitations: (1) The copies are retained only by the school and used only for authorized activities under Section 110;
and (2) The digital copy of an analog work has technological controls. 1.The guidelines permit a teacher to make one copy of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay or short poem; a chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

2. Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy.

3.Examples of what can be copied and distributed in class include:
a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem
a complete article, story or essay if less than 2,500 words, or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or
one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.


4.Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume (for example, a magazine or newspaper) during one class term. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events.

5.The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject.

6. Teachers may not photocopy text there were for educational use. Educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations or collective works. Rules for Recording and Showing Television Programs Nonprofit educational institutions can record television programs transmitted by network television and cable stations. The institution can keep the tape for 45 days, but can only use it for instructional purposes during the first ten of the 45 days. After the first ten days, the video recording can only be used for teacher evaluation purposes, to determine whether or not to include the broadcast program in the teaching curriculum. If the teacher wants to keep it within the curriculum, permission must be obtained from the copyright owner. After 45 days, the recording must be erased or destroyed. A video recording of a broadcast can be made only at the request of, and used by, individual teachers. A television show may not be regularly recorded in anticipation of requests. There can't be a standing request to record each episode of a series. Only enough copies may be reproduced from each recording to meet the needs of teachers, and the recordings may not be combined to create teaching compilations. All copies of a recording must include the copyright notice on the broadcast If you are copying material that is available for sale without compensating the creator of that work, you are taking money from that person. Rules for Reproducing Text Materials for Use in Class Willful Standard Innocent Multiple copies for classroom use 1. Can make only one copy for each student in the class
2. Each item copied must be for classroom use or discussion
3. Each copy must include a notice of copyright (it can be simple)

Teachers must actually use the copies only then it is considered to be a fair use. Three Tests for Copying: Spontaneity Brevity Cumulative Effect Poetry – All, if less than 250 words. If longer than 250 words, only 250 words can be copied.
Prose – All, if less than 2,500 words. For other, no more than 1,000 words or 10%, whichever is less. The individual teacher must initiate the making of multiple copies.
The decision to copy must be close to the time of use. Otherwise, permission must be requested. Copying must be done for only one course.
Limits – generally 3 or fewer items from a collective work; 3 or fewer items from one periodical volume.
No more than 9 items may be copied in multiples per course during one class term.
Currents news articles from newspapers or magazines are exempt from this Copies of Coursepacks for Vertical Files Illegal to make copies and put them in a vertical file.
Acceptable use to include original magazine articles or pictures cut out of a magazine. Copyright Clearance Center U.S.-based rights broker: (http://www.copyright.com)
has agreements with most standard U.S. commercial and academic publishers.

Sets for the rate structure and any restrictions on paper copies of each work.

Also handles digital permissions through its Electronic Course Content Service.

Can simplify and streamline permissions. Restrictions: *Conditions of use
*Length of time they may be kept
*Limitations on size or portion, for ex:
*Motion media—up to 3 minutes or 10%, whichever is less.
*Music, lyrics, music videos—up to 10% of the original work, but no more than 30 seconds; and no alterations. Mediated Courseware/Multimedia Productions Mediated Courseware: course materials disseminated through electronic media
Multimedia Productions: Segments of materials taken from a variety of copyrighted sources, such as CD-ROMs, laser discs, audio recordings, and videotapes Scanners: Original copyright holder holds the right of reproduction, adaptation and display.

BUT, a student may use a scanned copyrighted image in a report. Taping Broadcasts *From open air (not cable or satellite)
*For instructional use only, under following conditions:
-Institution retains no longer than 45 days
-Use only once with each class during first consecutive school days of 45-day period.
-Cannot record regularly in anticipation of requests
-Limited copies may be reproduced to meet legitimate needs of teachers
-Program recorded in entirety and may not be altered.
*To tape from cable or satellite, must have permission from copyright holders Videos “Home Use Only” stickers on videos are NOT binding on schools in any way, so long as the video is not used for entertainment, reward, or time-filling.
“Home Use Only” tapes may be used in instructional situations.
Rentals may be restricted to home use if an agreement was signed. You tuble could be used for education purpose as the publisher publishes it to the world. AudioVisuals - Difficult case Audiovisuals: 5 Fair Use Criteria Performance in nonprofit educational institution Performance is used for face-to-face teaching Performance is presented by instructors or pupils Performance takes place in a classroom or similar place for instruction (including the library); Performance is of legally acquired (or legally copied) copy of the work The same fair use guidelines that apply to print materials DO NOT apply to audiovisuals.
Producers worry about unauthorized copies and unauthorized performances of protected works.
Multiple copyrights usually involved, making permissions more difficult. Coursepacks Rules of Thumb: 6)Limit what you photocopy to a single chapter from a book, or
7)Limit to a single article, essay, or story from a periodical issue or newspaper, or
8)Limit to a single chart, graph, or illustration from a book, periodical issue, or newspaper, or
9)Limit to other similarly small parts of
a work. 1)Include photocopies of no more than 9 copyrighted works in a coursepack.
2)Include a bibliography in the coursepack.
3)Include a copyright notice on each photocopy.
4)If your use is outside the scope of “fair use,” obtain permission from the copyright owner for each item included in the coursepack.
5)Save requests and responses in your personal files What can be used in coursepacks without permission? 1.Works not protected by copyright, such as facts, government documents, and works in the public domain
2.Works that you own
3.Works for which you have a license that permits this use 1.Copy to substitute for the purchase of an anthology, collective work, or work intended to be “consumed” in the course of study or teaching
2.Repeat use of the same item from semester to semester
3.Charge students beyond the actual cost of the photocopying DO NOT What are Academic Coursepacks? -Collection of materials (usually photocopied) used in the classroom, distributed either in book format or as class handouts.
-Commonly offered for sale in campus bookstores; sometimes sold in class.
-Most publishers grant “clearances” for use of their books or articles in coursepacks for a fee. Clearances normally last 1 semester.

Some universities says that they never believe anything as 'Fair-Use' for coursepacks and have their own user guidelines. COPYRIGHT and BlackBoard http://library.wichita.edu/govdoc/copyrightbladkboard.pdf 1)Time – Use is limited to two years after the 1st instructional use.

2)Copying – Every effort should be made to prevent the consumer of the content from making more copies. Students should be told not to make copies. Material should only be available for 15 days, but can then be put in Reserve for two years. After that, permission from the copyright holder is required.

3)Distribution – must be limited to students enrolled in the course and there must be “technological limitations on access to the network and educational multimedia project (such as password or PIN).” 3.Motion media (e.g., video) - Upto 10% or 3 min whichever is less. 1. Text material -Upto
10% or 1000 words
whichever is less. 2.Lyrics - Upto
10% but no more
than 30 seconds 4.Photographs - No more
than 5 images from an artist
or no more than 10% or 15
works from a published
collective work. 5.Numeric Data Sets - Up to
10% or 2500 fields, whichever is
less An electronic reserve request will always involve copying, but will also involve at least one and perhaps both the performance rights (public display and/or performance).
However, it is not a face-to-face performance or display. It is a “transmission.”
E-Reserves Rules-of-Thumb:
Basically, rely on fair use analyses described for print copies & sound and video recordings & photo image duplication.
Limit access to students registered for the class; or computers located in specific places.
Don’t reuse the same materials over and over without asking for permission.
Longer works, such as books, should not be placed on E-Reserves.
Course packs should not be placed on Reserve. Fair Use for E-Reserves: 1994 Conference on Fair Use Draft , “Electronic Reserve Guidelines” did not achieve consensus support, but do provide a good framework for thinking about fair use in a reserve context. Yet, they are not the law.
The “Guidelines” permit placing small parts of others’ works on reserve for one semester without permission. 1.The Library and the Reserve Room are considered extensions of the classroom, and must conform with fair use principles.

2.Who makes the copies? Does not matter – the Library is the agent of the faculty member who is an agent of the University.

3.What happens to copies at the end of the semester?Widespread belief that libraries should not retain a copy longer than one semester.Obtain permission for uses beyond one semester.

4.The faculty member should be considered the owner of the copy

5.Copies for Reserve:Fair Use permits single copies of a book chapter, an entire periodical article, or a single poem.
Multiple copies must be:
Of reasonable amount for size of class
Less than six = good guideline RESERVE The Professor accidentally snaps in half a CD-ROM which he needs for his next class. To prevent this from happening in future, he makes back-up copies.

Is this permissible? The professor makes use of an interactive CD-ROM in class. He has more students than no of CD's and wants each student to have an CD.Hence he burns the original disk.
Is this Fair Use? The professor adds copies of
a magazine article to a course pack and wants to sell this to students to help pay for lab needed for the course.

Is this allowed? An instructor records a short video clip at home from TV. He then plays the clip during class for her students to consider and write a short response to.

Is this permissible? A student decides to add some background music to a digital media project she has been working on for class. Using the popular peer-to-peer file sharing service, Kazaa, she downloads part of a hit single and adds it to her media project.
Is this permissible? 3 Types of Infringements Some say that Samsung is still an
infringer of apple. An innocent infringer is liable for the infringement, but a court may reduce — or, in some instances, remit altogether — the amount of damage Coursepack at universities without permission from copyright owners are considered as standard infringement, Correct Use of the Internet in course packs When printing coursepacks from the website, remember to follow the same guidelines you would if you were using the copy machine; after all,
"The internet is the new paper. Fair Use of Audios in Coursepacks: LEts REVIEW Discussions 1. FairUse and Prezi
2. Blackboard
3. AMARTA SEN SPEAKS OUT
4. STOCKVAULT
http://www.stockvault.net/ THANK YOU If using the honey made by the bees for our health is a fair-use, then why not the information and Knowledge shared by the Authors for education is not a fair-Use? http://www.aljazeera.com/indepth/features/2013/03/2013317104829368899.html THE FIRST EVER LAWSUIT AGAINT A UNIVERSITY IN INDIA TO BAN COURSEPACKS! http://www.techdirt.com/articles/20130409/09562322635/western-publishers-sue-delhi-university-over-photocopied-textbooks-students-authors-fight-back.shtml Creative Commons is a Non-profit organization
headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share.
Founded: 2001
Assets: 10.42 million USD (2011)
Revenue: 9.846 million USD (2011)
Tax deductibility code: 501(c)(3)
Founders: Lawrence Lessig,
Hal Abelson, James Boyle CREATIVE COMMONS: http://kafila.org/2012/08/27/oxford-and-cambridge-university-publishers-v-students-of-india/ More Articles......... Stop Crying !! How can it not be Fair when it is a FAIR USE! COURSEPACK's FAIR-USE GUIDELINES


AT UNIVERSITIES
&

EDUCATIONAL INSTITUTES http://www.leagle.com/xmlResult.aspx?xmldoc=1992924792FSupp132_1892.xml&docbase=CSLWAR2-1986-2006 http://spicyipindia.blogspot.com/2012/09/analysing-delhi-university-v-publishers.html http://www.thehindu.com/news/cities/Delhi/article3815275.ece Legal solution to photocopy row
Manash Pratim Gohain, TNN Apr 1, 2013, 12.55AM IST
NEW DELHI: The copyright battle has reached the next stage, with Indian Reprographic Rights Organisation (IRRO) claiming that there is a legal way to photocopy course material which will protect students' interest without violating Indian Copyright Act.
A DU student doing masters in sociology has to either shell out Rs 20,623 for the complete set of books for the methods of sociological research paper, or buy a photocopied course package of 150 pages for Rs 120 to Rs 130. The second option, three major publishers — Oxford University Press, Cambridge University Press and Taylor and Francis Group — claimed in August 2012, is copyright infringement. They filed a case against a DU-licensed photocopy shop and Delhi University, alleging that these course packs violate the copyright act.
Students say exorbitant prices put the course books beyond their reach and photocopying is the only solution for them. Now, IRRO says it can be done legally; Federation of Indian Publishers (FIP) seconds it. In 2002, the human resource development ministry had certified IRRO as a copyright society and permitted it to carry out copyright business in reprographic rights in the field of printed works.
"Any institution/organization/individual and others who are photocopying can get an IRRO licence for a nominal amount. The photocopy shop in this case could have taken an annual licence for Rs 12,000. Students, too, would have got the material by paying 50 paise which will go to the publisher, the author and IRRO. Hence, a student can get a photocopy as cheap as Re 1 per page," said the chief executive officer of IRRO, Anand Bhushan.
The publishers had alleged that Rameshwari Photocopy Services, located in Delhi School of Economics, had created "illegal, pirated" version of books. Subsequently, a group of students became party to the case and 309 eminent academicians wrote to the publishers to take a "lenient" view, keeping the students' interest in mind.
IRRO claims that it has sent several letters along with licence application forms and tariff schemes to various institutions, including DU, but DU has neither taken any licence nor informed photocopy shops on its premises.
Sudhir Malhotra, president of FIP, said the publishers and authors were not against providing cheaper options to students but are opposed to copyright violation by a third party. "A student can photocopy for his/her academic need. What is alarming is that a photocopy shop is lifting content and creating a package and commercially exploiting it," he said. The google search results contain a small fragment of each web page. If you take the view of copyright that companies try to enforce, these are all violations.
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