v Context: Xerography revolutionised how we copy, print, and distribute textual material.
· Photocopying is creating a duplicate of a document or image using light.
· Xerography is a dry photocopying technique that uses electrostatic charges to create an image.
Xerography and Counterfeiting
· To prevent xerography-based counterfeiting, countries use anti-counterfeiting measures like watermarks, microprinting, holograms, security strips, and colour-changing ink in their currency.
· For, e.g., the 2005 series Rs. 50 notes issued by RBI included the Omron anti-photocopying feature, visible as small yellow circles.
Xerography and Copyright
· In 2012, academic publishers, including Oxford University Press, sued a photocopy shop and the University of Delhi for copyright infringement for photocopying portions of reference books.
· Copyright is a legal concept that protects creators' rights to their literary and artistic works.
· It covers various works, including books, music, art, films, computer programs, databases, ads, maps, and technical drawings.
· Copyrights in India are governed by “The Copyright Act, 1957”.
Right to Reproduction
· The Copyright Act, 1957 grants copyright owners’ exclusive reproduction rights. Therefore, making photocopies amounts to a violation of the right to reproduction.
Exceptions to Right to Reproduction
· Under the Copyright Act of 1957, fair dealing with a work is not considered copyright infringement if it's done for:
- private or personal use (including research)
- criticism or review of that work or any other work
- reporting current events and affairs (including a lecture delivered in public)
· Since the term ‘fair dealing’ is not defined in the Act, the judiciary determines its scope on a case-by-case basis.
· Under the Act, the reproduction of any work is not considered copyright infringement if it is done:
- By a teacher or a pupil in the course of instruction
- As part of the question in an examination
- In answer to examination questions
Photocopying Reference Books is Not Copyright Infringement
· The Delhi High Court dismissed the copyright infringement petition against the photocopy shop and the University of Delhi.
· The court ruled that creating course packs for students by photocopying portions of prescribed reference books is considered 'fair dealing with a work'.
· The DU photocopy judgment is considered a victory for access to education.