An Indian Book Company is a registered partnership firm carrying the business of publishing Law Books. It publishes and prints various books in the field of law. Among many books published by them Law Reports is one of t

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2024
An Indian Book Company is a registered partnership firm carrying the business of publishing Law Books. It publishes and prints various books in the field of law. Among many books published by them Law Reports is one of their publications. The said firm publishes all reportable judgements along with non-reportable judgements of the Supreme Court of India. After the initial procurement of the judgements, orders and proceeding for publication the appellants make copy-editing wherein the judgements, orders and record of proceedings procured, which is the raw source, are copy edited by a team of assistant staff and various inputs are put in the judgements and orders to make them user friendly. The appellants also prepare the head notes comprising of two portions, the short note consisting of catch/lead words written in bold; and the long note, which is comprised of a brief discussion of the facts and the relevant extracts from the judgements and orders of the court. There is yet another company called Spectrum Business Support Ltd, came out with a software called Grand Jurix published on CD-ROMs. In CD all the modules of the Indian Book Company have been copied verbatim. A suit for Copy Right Infringement was filed by the Indian Book Company against the Spectrum Business Support Ltd. The defence of the Spectrum Business Support Ltd was that the judgements published in the Law Journals in India is nothing but merely a derivative work based upon on the judgements of the Courts, which lacks originality and therefore no Copy Right can be claimed by the Indian Book Company. In the light of the above facts of the case: How the right of persons with disability are protected under the Copyright Act 1957 ?

Answer & Explanation:

The author of a copyrighted work is guaranteed exclusive freedom of use, reproduction, and so on. However, there are a few exceptions under which a copyrighted work may be used, copied, or replicated without the permission of the copyright owner. There have been several steps taken for disable people prior to legislative actions, first was the establishment of India's DAISY Forum in 2007. The group of non-profit agencies from India called DAISY Forum of India (DFI) collaborate to produce books and reading materials in accessible formats for those who are unable to read standard print. After witnessing the Marrakesh VIP Treaty at international domain, there was a significant transformation of copyright laws and principles in India. India strengthening the ethos it carries became the first country to ratify the Marrakesh Treaty. The aim was to make it easier for those who are blind, visually impaired, or otherwise print challenged to access published works. The Amendment of the Copyright Act in 2012 largely aimed at making Copyright Act, 1957 compliant with the WIPO Copyright Treaty (WCT), the WIPO Performers and Phonograms Treaty (WPPT) and most of the international treaties and conventions in field of copyrights. Of the numerous changes brought about in the new Indian copyright regime, exceptions and limitations for persons with disabilities were incorporated in the following provisions: Section 52(1)(zb) of the Copyright Act provides that an author of the copyrighted work is granted with exclusive rights of use, reproduction, etc. but there a few exceptions wherein a copyrighted work can be used, copied or reproduced without obtaining the consent from the copyright owner. This provision is applicable to activities undertaken on a non-profit basis. Since the scope extends to "private or personal use, educational purpose or research" on disabled persons, this exception contained in the copyright law paves the way for the effective realization of human rights to education and participation in cultural activities. The activities tend to be undertaken by any person to facilitate access to the beneficiaries or non-profit organizations for the disabled peoples' interest. Effective implementation of this copyright provision is of great benefit to the visually impaired persons in India, as it has several advantages such as enabling the reduction of unwanted duplication costs of accessible format copies by sharing it among themselves. This section basically deals with such exceptions to copyright infringement and empowers individuals, educational establishments and non-profit organizations to reproduce all types of copyright-protected content in accessible formats for the benefit of disabled persons. To this extent, the Act provides that it would not be a copyright infringement if any individual or any organization working for the benefit of the persons with disabilities and on a non-profit basis creates accessible format copies or distributes them to persons with disabilities. Section 31 B of the Copyright Act state that Any person or an organization working for the benefit of disabled persons on a profit basis or for business can undertake conversion and distribution by applying for a license from the Copyright Board in accordance with the procedure laid down in this section. The amendment of 2012 introduced to Section 31B to the Copyright Act 1957, which provides compulsory license for benefit of disabled. By following the norms and conditions as specified under this section a person working for the benefit of disabled can apply and acquired the compulsory license with a payment of prescribed fee. These provisions in the Indian Copyright Act are inclusive and accommodating for print disabled persons. It gives greater access to creative work and the right to convert the work i.e. copyrightable work in any accessible formats through any organization or themselves without the need to purchase a license. A conference by the World Intellectual Property Organization, (WIPO) along with the support of the US delegation in Morocco adopted the Marrakesh Treaty. There are eighty-eight signatories and has been ratified by thirty-three countries. India has made practical efforts in recent times to accommodate the print disabled person by ratifying the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired, 2013. Through this treaty it has been made mandatory for member countries to enforce exceptions or limitations as need be in their Copyright laws regarding the right to reproduce copyrightable work in accessible formats and also other laws to make education, research more accessible.

Topics: Copyright Law

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