This presentation was delivered on the occasion of World Book and Copyright Day Seminar on the topic Copyright Issues in Print & Digital Library Environment, at Delhi Public Library, April 20, 2023 This ppt covers: The Background Copyright Laws/Practices in General Licensing Terms & Agreements for E-Resources Creative Commons and Open Access Rights Copyright & Plagiarism Summing up

1. World Book and Copyright Day: Indigenous Languages!
Copyright Issues in Print & Digital Library
Environment: An Indian Perspective
Seminar on Copyright Issues in Print & Digital Library Environment, Delhi Public Library, April 20, 2023
Nabi Hasan, PhD, PDF, FNEB, FSLA
Head Librarian
Indian Institute of Technology Delhi
https://web.iitd.ac.in/~hasan hasan@library.iitd.ac.in
(Ex. University Librarian – Aligarh Muslim University)
Coordinator – National Resource Centre in Library and Information Sciences (ARPIT), MoE, Govt. of India

2. Outline of Presentation
➢The Background
➢Copyright Laws/Practices in General
➢Licensing Terms & Agreements for
E-Resources
➢Creative Commons and Open Access
Rights
➢Copyright & Plagiarism
➢Summing up

3. The Background
➢ This is the 27th edition of World Book Day after UNESCO decided to
commemorate the day and dedicated it to reading and books in the
UNESCO's General Conference held in Paris 1995.
➢ World Book Day, also known as World Book and Copyright Day, or
International Day of the Book, is an annual event organized by
UNESCO to promote reading, publishing, and copyright.
➢ It is celebrated all over the world on 23rd April but in the UK, it always
runs on the first Thursday in March.
➢ April 23 is an important day for literature as it marks the birth and
death of several prominent authors, like William Shakespeare, Miguel
de Cervantes, and Josep Pla died on April 23 and Manuel Mejia Vallejo,
Maurice Druon, etc. were born on April 23.
➢ On this occasion, UNESCO and the international organizations,
representing the three major sectors of the book industry - publishers,
booksellers and libraries, select the World Book Capital for a year.
➢ The World Book Capital for 2023 is Accra, Ghana.

4. ➢This year’s theme is: “Indigenous Languages!”.
➢Last year saw the start of the International Decade of
Indigenous Languages (2022-32) and it’s a UN priority to
uphold and promote linguistic diversity and multilingualism.
➢Of the almost 7,000 existing languages – many of which are
fast disappearing – the majority are spoken by indigenous
peoples who represent the greater part of the world’s cultural
diversity.
➢The UN does not put restrictions on who or which cultures can
be termed indigenous, but many of you will be aware of
indigenous communities either from your own country,
residing there, or among those you have worked with abroad.
The Theme

5. How Do We Celebrate World Book Day
➢Give reading a special place in your kids' lives
➢Re-tell well-known stories through play
➢Become your favourite book character
➢Bring some of your favourite books to life with art and
crafts
➢Encourage children to write books of their own
➢Get free E-Books from around the World
➢Join the World Book Capital Celebrations
➢Join your Favorite Book Shop
➢Host a Book Club or Book Discussion
➢Organize Webinar/Seminar/Lecture/Sahitya Manch/Book
Reading Session, etc.

6. Intellectual Property (IP)
Intellectual Property (IP) refers to creations of the mind, such as
inventions, literary and artistic works, designs and symbols,
names, and images used in commerce (WIPO), like:
1.Copyright
2.Patent
3.Trademark
4.Trade dress
5.Trade secret
6.Geographical indication, etc.

7. Copyright
➢The concept of Copyright has been formulated from the slogan, “To every cow
her calf therefore to every author his copy”, given by the Irish King Diarmid in 6th
Century AD.
➢The Idea of Copyright Protection developed after the Invention of the Printing
Press.
➢Copyright Protects Works of Authorship Published or Unpublished in any Tangible
Medium of expression like Writing, Music, Art, Computer S/W, Film, etc.
➢Copyright, Designs and Patents Act 1970 does not contain the word “Internet’’ or
“digital’’.
➢Indian Copyright Act, 1957 deals with the protection of computer software. The
amendment Act of 2012 also fails to give a definition of “digital work’’ or
“Internet’’.
➢The Copyrighted Works in India Enjoys the Same Rights and Privileges in Other
Countries which are Members of the Berne Convention or the UCC or Members of
WIPO.
➢Similarly, India has extended Copyrights to the Works Published (and
Unpublished) in any of the Member Countries of these Conventions.

8. Registration of Copyright
➢Registration of copyright is not mandatory.
Copyright is automatic once the original work is
created and it does not require any formality.
➢Registration establishes a public record of the
copyright claim.
➢However, it is advisable to apply for
Registration of Copyright as the Certificate of
Registration of Copyright and the entries made
therein serve as prima facie evidence in a court of
law with reference to disputes relating to
ownership of copyright.

9. Moral Rights
Copyright Act also Recognises Moral Rights of the Author even
after Assignment of the Work. Moral rights can never be
transferred. They always remain with the original author of the
work. These are:
➢ Claim to Authorship of the Work.
➢ To Restrain and Claim Damages in respect of any Distortion,
Mutilation, Modification or Other Act in Relation to the Work
which would be Prejudicial to His/Her Honour or Reputation.
➢ The Author Can Oppose the Distortion of the work in Such a
Way that its Cultural or Artistic Integrity is Adversely
Affected.

10. Rights of CopyrightHolders - India
The primary goal of copyright law is to protect the time,
efforts, and creativity of the work's creator. As such,
the Copyright Act gives the copyright owner, certain
exclusive rights, under Section 14 of the Indian Copyright
Act 1957, such as:
➢Reproduce the work
➢Prepare "derivative works" (other works based on the
original work)
➢Distribute copies of the work by sale, lease, or other
transfer of ownership
➢Perform the work publicly
➢Display the work publicly, etc.

11. Transfer of Rights
➢ The copyright owner has the option and ability
to transfer his or her exclusive rights - or any
sub-division of those rights - to others as well.
➢ If an author or artist creates a work for a
company or in the course of his or her
employment, the creator is usually not the
copyright owner. This situation gives
copyright ownership to the employer or
person who commissioned the work.

12. Fair use
➢Not every use of a copyrighted work is
considered infringement.
➢Fair Use is an exception that permits limited
use of copyrighted material without acquiring
permission from the rights holder.
➢Typically, fair use includes categories such as
criticism/parody, comment, news reporting,
teaching, scholarship, and research.

13. Copyright Exemptions for Fair Use-India
Section 52 of the Indian Copyright Act exempts five categories of acts which
when performed, do not fall under the infringement of copyright:
➢ Reproduction in the course of fair dealing (i.e., private use, research,
criticism, review, reporting, broadcast, etc);
➢ Reproduction for educational purposes;
➢ Reproduction for official (judicial, legislative, etc) purposes;
➢ Reproduction where there is remote relation to the original which does not
cause any loss to the copyright holder;
➢ Reproduction for private entertainment.
▪ Up to 3 Copies by Librarian/Public Libraries (Sec 52(o)) when the Book is
Not Available for Sale to India or Unpublished Work (Sec 52(p)) for
Research.
▪ The clause (n) (2012) allows libraries to make a digital copy of a rare or out-
of-print work if the library has a non-digital copy.

14. Public Domain
➢The public domain consists of all the creative
works to which no exclusive intellectual property
rights apply.
➢Those rights may have expired, been forfeited,
expressly waived, or may be inapplicable.
➢For example, the works of Shakespeare and
Beethoven, and most early silent films are in the
public domain either by virtue of their having been
created before copyright existed, or by their
copyright term having expired.

15. CopyrightInfringementon the Internet
The explanations as to why Internet happens to be the most
powerful menace for Copyright users is four-fold;
➢ Internet is accessible without considerable impediments.
➢ Internet provides a platform for wide distribution and
dispersion of Information in a very quick time.
➢ The distribution cost is almost Nil.
➢ The original and the copy are not easily differentiable.
The infringement in Cyberspace may take place in different
avatars:
➢ Framing, Linking, Caching, Uploading on the Internet,
Archiving, Mirroring, File Swapping, etc.

16. Copyright Protection of Online Contents
➢ The online content or feed in the form of a text, image, video or
music, assuming it to be an original creation, are protected as a
literary work under the Copyright Act.
➢ The post if it is a cartoon caricature or image would be
protected as an artistic work.
➢ The post if presented in the form of a video would be protected
as cinematographic work. Under Section 14 of the Copyright Act,
no person without the permission of the owner of the work has
the right to copy, publish or communicate it to the public.
➢ If the person has agreed to the condition of the platform that
any content posted on the platform would vest ownership on the
platform, then the author of the content can have no reason to
object if the content is being used by the platform.
➢ Each comment would qualify as online content.

17. Uploading the News Clips
➢ Sharing the eNewsClips on the Intranet when you
have subscription to those Newspapers in any format
for academic and research use/fair use.
➢ Sharing the eNewsClips on the Internet when the
source of the contents is the hosting institution.
➢ Sharing the eNewsClips on the Internet when the
contents have been compiled from different non-
subscribed or subscribed sources without permission.

18. Jurisdiction in Cases of Copyright
Infringement on the Internet
➢ In tangible space, the jurisdiction could be easily
established.
➢ In case of infringement in Cyberspace, hardship is
faced in deciding if the jurisdiction shall be
determined on the basis of:
▪ Origin of material
▪ Place of storage of material
▪ Place where the material is displayed, etc.

19. Copyright on Internet and Indian Law
➢ Though, several important amendments were made to
the Indian Penal Code, 1860, Indian Evidence Act,
1872, the Code of Criminal Procedure, 1973 and the
Banker’s Books Evidence Act by IT Act, 2000 but the
law of copyright remained unaffected.
➢ If we read the language of the Section 51 along with
the Section 14 of the Copyright Act, 1957, it becomes
clear that reproducing any copyrighted work, issuing
copies of the work to the public or communicating the
work to the public would amount to the copyright
violation under the Act.

20. Duration of copyright protection under
the Copyright Act 1957 (India)
➢ Literary, dramatic, musical and artistic works: Lifetime
of the author + sixty years from the beginning of the calendar
year next following the year in which the author dies.
➢ Anonymous and pseudonymous works, Posthumous
works, Cinematograph films, Sound records,
Government work, Public undertakings, International
Agencies, photographs: Until sixty years from the beginning
of the calendar years next following the year in which the work
is first published
➢ Foreign works: Copyright of works of the countries mentioned
in the International Copyright Order are protected in India, as if
such works are Indian works. The term of copyright in a work
shall not exceed that which is enjoyed by it in its country of
origin.

21. Why Licensing is important for
E-Resources?
➢ In electronic environment, libraries typically license, or lease the
content.
➢ Licensing is a legal process of acquiring usage rights of intellectual
property governed by the copyright laws.
➢ Defining legal/commercial relationship between library &
publisher.
➢ It is a legal document governed by contract (commercial) law.
➢ Mainly prepared by content owner (publisher).
➢ Provides rights & protection mostly to owner, but also to the
library.
➢ Binding to both the parties–Publishers (Licensor) and Libraries
(Licensee).
➢ Safeguards from Audit, Accounts, Legal Cases, Job Security…

22. ➢ Most of the publishers puts a clause in the license
agreement that in case of any dispute, litigation suit
will be settled in the courts of their own country.
➢ Some are agreed on a reciprocal arbitration clause
(court of law of respective countries).
➢ One has to deliberate and insist on settling the
issues in the courts of one’s own country.
➢ Body in India for settling the dispute to arbitration
is International Center for Alternative Dispute
Resolution (ICADR), New Delhi.
Arbitration Clause

23. Intellectual Property Appellate Board
(IPAB)
➢An Intellectual Property Appellate Board (IPAB) has
been set up at Chennai to hear appeals against the
decisions of Registrar of Trademarks, Geographical
Indications and the Controller of Patents.
➢The Government also brought out A Handbook of
Copyright Law to create awareness about copyright
amongst the stakeholders, enforcement agencies,
professional users like the scientific and academic
communities and members of the public.

24. Guidelines for Fair Use of Online Contents
@IITD

25. National Digital Library of India (NDLI)
Copyright Guide 2021

26. Creative Commons Official Website
https://creativecommons.org

27. Copyright and Plagiarism

28. Civil Legal Remedies for Acts that
Constitute Plagiarism
➢Legally, it is a subject matter of copyright
infringement law and unfair competition, and
can attract legal and monetary penalties for
the violators.
➢The offender may be penalized to
compensate for the loss of profit of the
original writer.
➢Sometimes, penalties can include criminal
punishments and imprisonment.

29. ➢Majority of the users may not be familiar with the
copyright laws and the kind of activities which leads to
copyright issues.
➢Law can not keep one step more with technology.
➢There is an urgent need to amend copyright laws
keeping in view the ICT and Online Contents.
➢There is a serious need to have orientation programs
for the users by libraries to avoid copyright issues.
➢A proper borrowing on how to act: “Think globally, act
locally”.
Summing up

30. Disclaimer/Acknowledgements
➢The Presentation/Lecture has been prepared
from different resources to help the
participants to understand the topic for
academic and research use.
➢I duly acknowledge the scholars and the
website content providers whose materials has
been used in my presentation/lecture.

31. Reading is a conversation. All books talk. But a good book listens as well. - Mark Haddon
Thanks for Your Kind
Cooperation & Patience Hearing
hasan@library.iitd.ac.in
https://web.iitd.ac.in/~hasan