The Chancellor, Masters & Scholars of University of Oxford Ors. v. Rameshwari Photocopy Services and Ors.

Quick Summary

This case is about course packs made for university students. Publishers sued a campus photocopy shop and the University of Delhi, claiming copyright infringement. The Delhi High Court held that copying for teaching, when necessary for classroom instruction, falls under Section 52(1)(i) of the Copyright Act. The Court said a licence was not required and dismissed the publishers’ appeal.

Issues

• Does photocopying book extracts into course packs for students amount to copyright infringement?
• Does Section 52(1)(i) protect such copying when it is done in the course of instruction?
• Is a licence from publishers required for this activity?

Rules

• Section 52(1)(i), Copyright Act, 1957: Copying by a teacher or pupil in the course of instruction, or for exam questions/answers, is permitted (fair dealing/education exception).
• The necessity test: focus on whether the copying is reasonably necessary to achieve the teaching purpose, not on a fixed percentage or page count.
• No express licence is required where the copying falls within the education exception.

Facts (Timeline)

Arguments

Judgment

Appeal dismissed. The Division Bench upheld the Single Bench view: Section 52(1)(i) covers the making of course packs when done by or for teachers/students in the course of instruction. The shop did not need a licence. The relevant question is the necessity of copying for teaching, not the percentage or number of pages.

• Students were not considered the publishers’ lost customers; they would use library copies in any case.
• Distribution to a class for study does not equal publication where there is no profit motive to reach the public.

Ratio (Core Principle)

If copying of copyrighted text is reasonably necessary for teaching and is linked to the course of instruction, it is permitted under Section 52(1)(i). The measure is the purpose and necessity, not a numerical limit.

Why It Matters

• Gives legal clarity to universities and photocopy shops about education exceptions.
• Supports equitable access to study material where libraries serve many students.
• Shifts focus from quantity to teaching purpose and necessity.

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: “Class Needs Pages” — Class (course packs), Needs (necessity test), Pages (copying permitted).

1. Purpose: Is the copying for instruction?
2. Necessity: Are the extracts reasonably needed to teach?
3. Scope: Limit to what the class actually uses.

IRAC (One Page)

Issue: Are course packs made for classroom use an infringement?

Rule: Section 52(1)(i) allows copying by teachers/students in the course of instruction.

Application: Course packs were compiled for specific classes; copying enabled study. Activity tied to teaching, not public sale; students would otherwise use library copies.

Conclusion: No infringement. Licence not required when copying is necessary for instruction.

Glossary

Course Pack

A set of copied extracts from different books/articles prepared for a class.

Section 52(1)(i)

Indian Copyright Act provision that permits copying by teachers/students for instruction.

Necessity Test

Ask if copying is reasonably required to teach the class.

FAQs

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