copyright implication on e- publishing pralhad jadhav impact of e-publication on higher education...

Copyright Implication on E-Publishing

Pralhad Jadhav

Impact of E-Publication on Higher Education & Librarianship

| Model College Campus, Pune

| 17 March 2015

Copyright © Khaitan & Co 2015 | 2

INTRODUCTION

Print-to-Electronic Transition

IT has changed the way that information is stored and disseminated

Digital Revolution taken world of publishing to paperless or electronic publishing


ELECTRONIC PUBLISHING (E-PUBLISHING)

E- Publishing = Electronic Tech + Computer Tech + Communication Tech + Publishing

Information Store -– Centralized Computer -– Deliver to user through telecommunication

Data – Digital Stored – Disk or other physical medium


E-PUBLISHING MODELS

Electronic Books (E-Books)

Electronic Periodicals

Electronic Database

E Publishing on CD-Rom

Print on Demand

Digital Content

Electronic Ink

Email Publishing

Web Publishing


INDIAN COPYRIGHT ACT 1957

1957 is the oldest legislation in India, the act has been amended many times :

1983 Broadcasting & Reprographic Technologies

1984 Technologies like printing

1994 Medical Textbooks

1999 Trade Aspect of IPR

2012 Development of Internet & Digital Technologies


LIBRARY REQUIREMENT – ERA OF E-PUBLISHING

• User Privacy Protection• Online Remote Service• Standard Format• Inter Library Loan• No Restriction on out of commerce books• E Lending facilities for all e-books• Copying allowed under fair use• Annotation should be exportable


LIS COMMUNITY EXPECTATION

Reshaped according to Digital Age

Equalize – Creators, Publishers & Users

Detailed Fair Dealing Guidelines

Distance & Digital Education

Public & Commercial Communications


E PUBLISHER – COPYRIGHT PROBLEMS

Downloaded or Forwarded – Amount of Content

Digital Work – Coverage under Copyright Law

Assignment or Licensing – Contractual Issue

Author & E- Publisher Issue – Copyright Rights

E-Publisher & Users – Copyright Issues


SECURITY MEASURE – E-PUBLISHER

• IP Based Subscription • Login Based Subscription• Disable - Cut, Copy, Paste features• Copyright Statement – for every user ID• User Track Report• Detailed - Fair Use Guideline to every subscriber


DIGITAL RIGHTS MANAGEMENT

Access Control

Copy Control Digital Water Marks

Encryption Scheme


CASES FOR DISCUSSION

Delhi University v. Publishers Photocopying Case

Two Legal QuestionsCopying done for a permissible purpose? Is the dealing ‘fair’?

Legality of Copying Extracts Purpose of the end-user Purpose of the copier

Question | “How Much is Too Much’ and Threshold for Determining Legality

Conclusion | “As far as this case in India is concerned, publishers have an ulterior motive. They want to create a system whereby the university obtains a copying licence from the publisher in exchange for a flat fee per student.



News Aggregations - Fair Use Legality

Blake A. Field Vs. Google

Plaintiff argued that Google infringed his exclusive right Google took defence under fair use The court accepted Google's defences and denied further prosecution

Star India vs. Piyush Agarwal Differentiated - dissemination of match information Restraining the defendants from disseminating match information without obtaining a license Legality of news aggregation remains fuzzy Conclusion | Licensing, a way forward



No Copyright in email databases?

TechPlus claims that they found that the defendants had copied confidential information and databases on a pen drive and emailed it to their personal e-mail IDs.

Judge saying that “to claim copyright in a compilation, the author must produce the material with exercise of his skill and judgment which may not be creativity in the sense that it is novel or non-obvious but at the same time it is not a product of merely labour and capital.

Judge say “the details of customers are not trade secrets nor are they property” by citing one judgment



Monkey own copyright for selfie

Raises two interesting questions:• monkey acquire Copyright in a selfie?• human acquire copyright in a monkey's selfie?

Possibility

That as no “person” took the images, there is no author, and thus no owner of copyright

If it was decided that the owner of the camera owns the intellectual property produced, this would encourage future photographers to both continue experimenting and to publish their work.


DO’s AND DON’TS LIBRARY ONLINE RESOURCES

Print, save, or email – reasonable number

Personal teaching, learning & research at campus

Sharing – in the campus

Link to an article in a database

Excessive number of copies

Multiple copies of the same article

Do any sort of systematic copying

Copy for use outside campus

Use a resource for profit or commercial purposes

share a copy with other people of outside campus

make an electronic copy of a database article and post it online


WAY FORWARD

Copyright is an evolving concept , technology domain are compelling us to rethink it more than ever before.

Traditional publishing models are facing several challenges in this context, it making difficult for authors and publishers to comprehend the gamut of options that lie before them.

Copyright is cultural idea, rooted in the country of its origin, it is equally important to view it from different facets.

What is vital is that publishers and authors in India need to work together to understand copyright and locate it within the changing nature of the publishing industry.


CONCLUSION

Librarians do not see debate over intellectual property policy issues in terms of winners and losers.

Debate on such crucial policy matters is healthy.

Adapting policy to rapid technological change is never easy.

It makes all parties nervous because they know they cannot accurately foretell the future.

The difficulty and the complexity underscore the importance of a careful and thoughtful approach to copyright law revision and rulemakings.


PRACTICAL TIPS – LIS COMMUNITY

Using Online Information • Credit the source of your information• If the author provides explicit guidelines, follow them• Ask the copyright holder for permission• Keep a copy of your request for permission and the

permission received.

Copyright and Electronic Publishing • Copyright protections - print, in a library research database,

a blog, an online discussion board or comment space, or any social media formats

• if you make a copy and put it online, it is less likely to be considered fair use

• Note that the Internet IS NOT the public domain, Always assume a work online is copyrighted


PRACTICAL TIPS – LIS COMMUNITYCheck this before going for e-Publication

• Coverage?• Exclusive – Term f the contract?• Any hidden fees or charges?• File Format?• Copyright policy?• In-house training?• Grace period @ renewal?

Watch For These Things in Every E-Contract

• Contract covers everything you want. • It covers all extra work • Be sure you are not agreeing to pay for anything you do not want. • Read every line before you sign. • Deal only with a reputable concern.

Watch For These Things in Every E-Contract

• If the project use for commercial or non-educational purposes. • Duplicate the project beyond the copies allowed by the guidelines. • Distribute the project beyond the scope of the guidelines.• If you have any doubts about whether a use is fair use, it is always best to

seek permission.


Q & A?


DISCLAIMER

Disclaimer (Images)

The images used in this presentation are found from different sources all over the Internet, and are assumed to be in public domain and are displayed under the fair use principle for education purpose.

Copyright @ Presentation

The said presentation is copyright under Copyright @ Khaitan & Co. 2015.

The presentation is for education purpose only, don’t use the same for any legal perspective.


THANK YOU


CONTACT

Pralhad JadhavKhaitan & CoOne India Bulls CentreElphinstone Road [email protected]@khaitanco.comOff – 022- 66365000 / Mob - 9665911593

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