Creating Cogent Copyright Policy for Course Packs: A Look at DU Photocopy Case

Swaraj Paul Barooah

Abstract


The Delhi High Court’s judgment in the recent “DU Photocopy Case” legitimised the photocopying required to create Course-Packs, by stating that the education exception in India’s Copyright law permitted such reproduction. This note attempts to pry into the theoretical underpinnings of Copyright law, by dissecting the relevant Natural Rights and Utilitarian justifications for Intellectual Property (IP). In doing so, it identifies types of policy level considerations, including an education exception as defined by the Delhi High Court, that would ensure the greatest access to works while also continuing to provide the necessary incentives to continue publishing.

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