Indian Copyright Act provides exceptions to libraries is for the use of copyrighted works under the statutory fair dealing exceptions of the Copyright Act (section 52) as well as under the judicially created fair use exceptions. Broadly the law permits the use of copyrighted works by libraries for the following purposes.
The fair dealing and the fair use exceptions are provided under section 52 of the Copyright Act and have emanated from different court decisions, recently from the Delhi high court decision on the Chancellor of Oxford University Press, Taylor and Francis, and others Vs. Rameshwari Photocopy Services and others.
Action Permissibility Remarks May not be considered as fair use Copyright Compliance for Classroom Instructions for Journals Copyright Compliance for Classroom Instructions for E-Books Please refer to the tabs HBS Materials, HBR Audio-Visual Materials, Journal Article, E-Book, Books, Music & Audio, Streaming videos from online streaming services, Content in Open Access, Additional Guidelines, Term of Copyright, Obtaining Permissions, Library Resource link for Moodle. Please use the below forms for obtaining permission for the coursepack.
Photocopying copyrighted Books, articles, Book chapters ( For education, research, and private use)
NA
In the course of instructions as part of education Section 52(1)(a) and Section 52(1)(i
Parts of the book
Permitted
See Para 73 of DU (In the act as well as in the case, it is not mentioned the number of chapters from the book that can be reproduced for classroom distribution)
If the reproduction includes more than one chapter or about 10% of the total number of pages, portions from textbooks if it already available in the market, and content that is considered as the heart of the book
Articles of journals/parts of research papers, technical papers
Permitted
See Para 73 of DU (In the act as well as in the case, it is not mentioned the number of chapters from the book that can be reproduced for classroom distribution)
More than one article from the same issue of the journal and using it for multiple terms and years
Entire book
Not permitted
Might not be considered fair dealing unless the book is available for circulation in India
if the same book is used for multiple years for the same course.
Converting print into a digital copy
See Section 52( n) of the copyright act. This exception is applicable only for storage purposes
Distribution is permitted only when original is destroyed
Books not in circulation in India
permitted
Same books for multiple terms and multiple years (it is unavoidable, better to obtain copyright permissions)
Printing parts of digital copies of books
Printing entire digital books
Outsourcing the photocopying of course pack
permitted
Provided, only the cost of photocopying is charged
Books that are out of print
Permitted
Not available for purchase any more in the market
the entire book may be photocopied for distribution
Distribution of chapter from the Textbooks authored by Faculty for his/her class
Subject to terms of the agreement signed with the publishers
Distribution of Journal Article published by the author in his/her classroom
Subject to terms of the agreement signed with the publishers
Publisher Name
E-Course Pack/Course Management System
Remark
Academy of Management Journals
Contents may not be copied, emailed, posted to a listserv, or otherwise transmitted without the copyright holder’s express written permission.
For individual Use, print, download, and Email is allowed.
AIS Library (MIS Quarterly Executive)
Permission is granted to make digital copies of the Article for classroom purpose or integration in the Learning Management System with due acknowledgment.
We can include one Article from one issue at a time for a specific course.
American Economic Association
It is allowed to make digital copies of the article and stored at the Learning Management system for educational purposes only.
The initial screen of the article includes a disclaimer as "The article used for Educational Purpose Only" due credit to the author and include full Citation of the Article.
Annual Review- Eco Collection
Article-Level Linking to the licenced material in password-protected Electronic reserves or Course Management system with appropriate acknowledgment.
We can include one Article from one issue at a time for a specific course.
Cambridge University Press
Incorporate Links to the Licenced content in Electronic Course Packs and Learning Management Systems.
EBSCO (Business Source Complete, Psychological & Behavioural Collection, SOCIndex)
Any of the content available through the EBSCO Platform is not allowed for inclusion in CMS or Electronic/Print Course Pack
The library will provide a handout regarding downloading of Articles from the EBSCO platform, you can circulate among the students and encourage them to download on their own.
Elsevier-SD
Incorporate links to the Subscribed Products on the intranet and internet websites and in electronic coursepacks, reserves, and course management systems and instructor websites, provided that the appearance of such links and/or statements accompanying such links will be changed as reasonably requested by Elsevier.
Emerald eSS Collection
Incorporate parts of the Licensed Materials in printed course packs (in any form, including electronic, printed, audio or braille), and in virtual learning environments for use by Authorised Users only.
Provided that:
1. Each incorporated item shall carry appropriate acknowledgment of the source, title, author of the extract, and the name of the Publisher.
2. Such copies are destroyed or permanently deleted when no longer required for such use.
FT.com
Inclusion of information in a print form available on site is permissible by authorized users in Print Course Pack.
Electronic Course Pack and CMS: Only authorized users can use a link to the information.
Hein Online Library
Small portions for educational purposes are acceptable as long as in accordance with United States Copyright Law. Full acknowledgment of the source (e.g. e-resource title and publisher) must be included.
Henry Stewart Publications
a single article from any given Journal issue – in “e-reserves”, “e-course packs” or “Course Management Systems (CMS)” such as Blackboard, Moodle for the use of students in a particular course on a password-protected basis
IEEE-ASPP+POP Collection
Post up-to 25 Articles per course in Electronic Reserves or Course Management System in PDF or HTML format in a secured network environment.
It should be accessible only by authorized users.
Inderscience Online
Electronic Copies of a single article from the Journal issue can be made and stored on the secure network for the students in connection with a specific course of instruction to its student
Informs Journals
Article-Level Linking to the licenced material in password-protected Electronic reserves or Course Management system with appropriate acknowledgment.
JSTOR
linking, specifically, incorporating stable URLs JSTOR provides for each Content item into other online spaces to facilitate or direct access.
Manupatra
Yes, it is allowed, provided source should be mentioned as Manupatra information solutions Pvt Ltd.
MIS Quarterly
Permission to reprint articles from MIS Quarterly in coursepacks is required but is granted at no charge.
MIT Press Journals
a single article from any given Journal issue – in “e-reserves”, “e-course packs” or “Course Management Systems (CMS)” such as Blackboard, Moodle for the use of students in a particular course on a password-protected basis
For the avoidance of doubt: material may be maintained in e-reserves, e-course packs, or CMS courses until the end of such course even if this license shall have terminated sooner.
MIT Sloan Review
durable links to articles or other works (or portions thereof) can be used for Course Packs and learning/ Course Management Systems
The library will provide a durable link/persistent link to the article that can be used for CMS along with a handout related to downloading of articles from the platform. Encourage the student to download the article on their own.
Oxford University Press Journals
PDF articles can upload in CMS with proper credit in secure environment and used by an authorized users. The information should delete on the completion of the Course
One Article from One Journal issue for a course.
Project MUSE
Use a persistent URL, or durable URL, to the licensed materials, including full-text articles, for courses of instruction, where access is restricted to students enrolled in the course, to instructors and such access is limited to the duration of the course.
Each item should carry an appropriate acknowledgment of the source, copyright, and publisher, and the links to such items shall be deleted by the Subscriber when they are no longer required for such purpose.
ProQuest (Ebrary, ABI-Inform Complete, and Dissertations and Thesis )
durable links to articles or other works (or portions thereof) can be used for Course Packs and learning/ Course Management Systems
A handout related to downloading of article for the students can provide by the library.
Sage HSS Collection
Print Course Pack: The authorized user may use the reasonable portion of licenced content for Print Course Pack and it will be used only for educational purposes.
Electronic Course Pack: The authorized user may use the reasonable portion of licenced content for Electronic Course Pack and it will be used only for educational purpose.
Course Reserve (Print & Electronic): It is allowed as print or electronic copies of materials (e.g. Books, Chapters, articles published in journals) made and stored by the Licensee with help of any medium like on a secure network and use for the students in connection with some specific courses of instruction offered by Licensee.
Electronic Link: Licensee may provide electronic links to the Licensed Materials from Licensee’s web page(s) and course management systems, and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials to Authorized Users. Licensor staff will assist Licensee upon request in creating such links effectively.
SIAM Journals
Electronic Copies of a single article from the Journal issue can be made and stored on the secure network for the students in connection with a specific course of instruction to its student.
Springer Nature
Use of single articles from the issues for different course material with all rights notices duly presented
Taylor & Francis Online Library
Article-Level Linking to the licenced material in password-protected Electronic reserves or Course Management system with appropriate acknowledgment.
All the content should delete once the course has ended.
The Economist
An only individual authorized user can share the link, not allowed for CMS
University of Chicago Press
Classroom Use: Institutional Subscribed may make multiple copies of individual articles or links to articles for Classroom use.
Licencee may place individual Articles on Print or electronic reserves or learning Management Systems provided the content should be used by authorized users only.
Content in Print or electronic form, including screenshots, can be used for internal purposes only.
Wiley Online Library
Authorized Users may download and print out multiple copies of material from Licensed Electronic Products (Single Article of an issue we can produce multiple copies) for the purpose of making a multi-source collection of information for classroom use (course-pack) or a virtual learning environment, to be distributed to students.
Reasonable access control methods are employed such as usernames and passwords.
World Scientific Publishing
Content can upload but must observe copyright.
All the content should delete once the course has ended. Only the course students who happen to be authorized users as mentioned in the license agreement are permitted to access the content in the Learning Management Systems/Content Management Systems.
Publisher Name
E-Course Pack/Course Management System
Remark
Cambridge University Press
Incorporate links to the Products in electronic course packs or management systems.
Edward Elgar
Part of the licenced materials (Full-text) can be used.
Elsevier
Incorporation of Link to the subscribed product.
Provided appearance of such link accompanying such link will be changed as reasonably requested by Elsevier.
Wiley
Material from Licensed Electronic Products may also be stored in electronic format in secure electronic data files for access as part of classroom instruction
As long as reasonable access control methods are employed.
World Scientific Publication
Incorporation of Link to the subscribed product.
Bloomsbury
incorporate links to the Licensed Work in electronic course packs
E-Book Encyclopedia of Noble laureates
use of links
JSTOR
use of links
Oxford University Press
incorporate links to the Publication in Course Management System for academic credit.
De-Gruyter
15% of the individual title/volume content in pdf format can use for LMS, electronic course pack
This resource pack has been created to provide general, practical guidance on copyright matters and cannot be relied upon as a comprehensive legal obligation of individuals on copyright nor a substitute for advice for particular cases or situations. Users are encouraged to seek help by sending an email to librarian@iimb.ac.in
