- Current Indian law allows reproduction in the course of instruction
- Current Indian law allows fair dealing for private use including research
In a decision delivered this year, the Supreme Court of Canada held that the use of course packs by students falls within the definition of ‘private study or research’. Further, ‘private’ does not mean studying in isolation, but includes the classroom as well. The Court also determined that ‘instruction’ (found in India in Section 52(1)(i)) and ‘research and private study’ (found in S.52(1)(a)) were in fact a unified purpose since the purpose of the copier is to facilitate the research and private study of the student.
In the Indian context, N.S.Gopalakrishnan’s comments in the Annual Survey of Indian Law (2009) also supports this view, wherein it was observed that fair dealing for private use, research and criticism or review permits an individual, in some circumstances, to reproduce the complete work. It is therefore clear that making a copy of complete work or performing a work for private use or research is within the scope of fair dealing.
- Course packs are legal in other countries
- Photocopying of course packs is not piracy and is done bona fidely and systematically
- The amounts copied in course packs are within the permitted threshold
(Thanks to Pranesh Prakash and Rijul Kochhar for their inputs. Images from dynamicbookstore.com treehugger.com and mcu.edu)