Skip to main content

            

Using Copyright and Licensed Content: Copyright Basics

Subject Guide

Librarian `'s picture
Librarian `
Contact:
080 2699 3113

Copyright Basics

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.

  1. Research instruction and teaching  
  2. Instruction and teaching
  3. Private study
  4. Enabling access to the disabled
  5. Activities of an educational institution
  6. Review and criticism
  7. Searching and data mining sing; storage and preservation 
  8. Access to knowledge

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

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  

 

For online content subscribed by Library

Classroom Instructions for Online Journals

Publisher Permissibility Print Course Pack Electronic Course Pack Remark
Taylor & Francis Yes Only Authorized users through Intranet - Commercially conducted courses are prohibited. Only Authorized users through Intranet - Commercially conducted courses are prohibited (Only Links to articles) Prior written permission of the Publisher required with such usage
ProQuest (Ebrary, ABI-Inform Complete, and Dissertations and Thesis ) Yes   Authorized user can use durable link to the articles or portion of other works available  
Cambridge University Press Yes   Incorporation of link to the products by the authorized users.  
Wiley Yes Only Authorized users through Intranet (Download and printout multiple copies of materials) Full text of the licenced materials  
FT.com Yes Inclusion of information in a print form available on site is permissible by authorized users. Only authorized user can use link to the information.  
EBSCO No   Link to the full text of the articles  
Sage Yes It is permissible for authorized users of IIM-B can use reasonable portion of licenced content in Course Pack. Only links to licenced materials are encouraged to incorporate in e-reserves.  
Springer Yes Single articles, chapters or other individual items of the content can be used for course pack Link to the full text of the articles  
The Economist No Only Authorized Individual user through Intranet Only individual authorized user can share the link  
University of Chicago Press Yes Full text of the articles and make multiple copies of articles selected. Link to article  
IEEE-IEL Yes Only Authorized users through secured computer network- Print a reasonable number of pages and number of copies Only Authorized users through Intranet - Maximum 25 articles or e-books per semester for each course (PDF or HTML).  
Emerald Yes It is permissible to incorporate part of the licenced materials by the authorized users only It is permissible to incorporate part of the licenced materials by the authorized users only Incorporation shall carry appropriate acknowledgement of the information used.

Disclaimer

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

Useful Links