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Delhi High court refrains from passing interim order in photocopying appeal

The ruling come in the backdrop of a four-year-old suit filed by textbook publishers against the University of Delhi and a photocopy shop

Legalising the right to photocopy

Sayan Ghosal New Delhi
The Delhi High Court on Thursday decided not to pass any interim order in an appeal challenging a September 16 single judge's verdict allowing the photocopying of textbooks for educational purposes.

The ruling in question, had come on the backdrop of a four year old suit filed by textbook publishers - Oxford University Press, Cambridge University Press, and Taylor Francis Group (and their Indian subsidiaries) - against the University of Delhi and a photocopy shop, operating on the university's north campus, for selling preparatory course packs containing photocopies of textbooks.

In 2012, the single judge had issued an ad-interim injunction in favour of the textbook publishers, restraining the making and selling of the course compilations. After hearing prolonged arguments in the matter, the bench had reserved its judgment in 2014.

 

Much to the disappointment of the publishers, the September 2016 adjudication ultimately reversed the court's previously issued order and ruled in favour of the university and its students, by treating the exemptions from infringement enshrined under the Indian Copyright Act, 1957, on the same footing as the substantive rights of copyright holders themselves.

Aggrieved by the final judgment, the publishers approached the bench of Justices Pradeep Nandrajog and Pratibha Rani on Thursday, seeking relief against the recent determination.

They argued that as a result of the verdict, hundreds of photocopy shops were now selling xeroxed versions of their textbooks and pressed for the ruling to be stayed until the appeal was finally decided.

The bench though, refused to interfere with the adjudication of the single judge at the present stage and reserved the matter for final disposal on November 29 instead.

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First Published: Oct 06 2016 | 9:56 PM IST

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