Author: Shraddha Garg, GJ Advani Law College, Mumbai
Introduction
Intellectual property notably influences a range of sectors: from science and technology to literature and arts, from music and entertainment to digital safety. It reflects the true value of innovation and creativity in today’s information centric world. Wherever we are,
at home, at school, at work, at rest or at play- no matter what we do , the yield of sustained efforts of human creativity and invention surround us.
Today, education and libraries form the central component of information transmission and academic enrichment. The surge of digital technologies has increased access to educational resources at a geometric rate. However, the growing accessibility brings with it utmost responsibility to use information mindfully anchored by the principles of Intellectual Property Rights (IPR).
IPR plays a critical role in safeguarding the creators’ rights while ensuring accessible knowledge in institutions like libraries. This article evaluates the intersection between IPR and the education sector, with an emphasis on libraries, showcasing how a balance between ownership and access can be sustained.
Foundations of Intellectual Property Rights (IPR)
Intellectual Property Rights refer to the legal protection given to inventors and creators for their intellectual creations. Intellectual property protection is the key factor for economic growth and advancement in the emerging technology domain.
These rights include Copyrights, Patents, Trademarks, Design and Trade Secrets.
The Copyrights protect literary, artistic, and academic works such as books, music, software, and films. Patents apply to inventions, offering exclusive commercial rights for a certain period.
The Trademarks protect logos, colours, sounds, symbols, tag lines, brand names to distinguish goods and services of one business from the other. While Designs and Trade Secrets protect the shape, size pattern, formulas, techniques, processes, methods and aesthetic aspects of a business.
Copyright Law is the most relevant in the education domain, as it protects the use of academic texts, articles, and digital resources.
Intellectual Property Rights in classrooms and beyond
Learning depends significantly on Intellectual property like textbooks, online resources, journals, research papers. Protecting the contributions of authors and researchers is IP’s one of the most important purposes. It also caters to giving legal access to the copyrighted content for imparting learning and teaching.
The academic institutions seldom use copyrighted content under specific provisions for non-commercial purposes ensuring reasonable limits. The Indian Copyright Act, 1975 under section 52(1) permits the use of copyrighted material for educational purposes without it being labelled as infringement of copyrights. ^[1]^
Obstacles in the Age of digital innovation
The meaning of fair use and unawareness about what constitutes it, is of the significant hurdles in the attainment of digital growth. The commencement of e-learning platforms, digital libraries, online courses have increased the challenges of IPR manifolds. It has enabled content exploitation to a greater extent by unauthorized copying and sharing of resources. Easy accessibility of content has led to intellectual property rights challenges like academic software piracy, unlicensed photocopying of books and uploading them on public platforms leading to the infringement of Intellectual Property Rights.
Libraries: The Abundance of Knowledge
Libraries are wealth of knowledge and the most important access point for everyone: students, researchers, and the public. But in this era of rights protecting content, the libraries have a difficult puzzle to solve- how to provide access to the content without disrespecting the legal rights of content creators. They now function through licensing models and subscription-based access. The agreements give the access depending upon how the material can be used and by whom. Whether it is used for personal studies or is redistributed further.
In the new age libraries, technology can control how users can access and use material creating a restriction on downloading, printing, copying, or using content after a specified time limit. This efficient tool called the Digital Rights Management (DRM) may also be seen as a hindrance for research scholars by restricting legitimate use for educational purposes.
IPR Awareness, essential
It is the need of the hour to make people understand the importance of IPR in education. It is essential to include them in the academic curricula. The responsible use of intellectual property should be promoted to ensure equitable access to knowledge, striking a balance between incentivizing creativity and granting access for learning and innovation with respect to copyright laws and licenses in turn encouraging its publication in open-access journals to reach the masses for social progress.^[2]^
Case Laws
1. The Chancellor, Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services (2016)
Court: Delhi High Court
Issue: Reproduction of excerpts from academic books by a photocopy shop at Delhi University.
Held: The court ruled in favour of the photocopy shop and the university, holding that making photocopies for educational purposes falls within the scope of Section 52(1)(i) of the Indian Copyright Act, 1957 (fair dealing for education).
Significance: A landmark judgment recognizing students’ right to access educational materials affordably under fair use provisions.
2.Academy of General Education, Manipal v. Malini Mallya (2009)
Court: Karnataka High Court
Issue: Unauthorized reproduction of a copyrighted work in an educational institution’s magazine.
Held: The institution was held liable as the reproduction exceeded fair use provisions.
Significance: Reinforced that fair use must be within reasonable and educationally necessary limits.
Conclusion
Intellectual Property Rights in education and libraries bring together the need for the use of intellectual property in a more responsible way. As a lot of content is created every day, it becomes essential to protect it as well. The educational institutions should come forward to spread awareness using open access resources and crafting clear rules . Therefore, protecting the rights of the creators and making knowledge accessible to everyone is the need of the hour to make progress possible in the true sense.
References
The Copyright Act, No. 14 of 1957, § 52(1)(i), INDIA CODE (1957).
World Intellectual Property Organization, IP and Education, WIPO Magazine, Issue 5/2018, available at https://www.wipo.int/wipo_magazine/en/2018/05/article_0005.htm
Frequently Asked Questions
What is Intellectual Property Rights?
Intellectual Property Rights (IPR) are legal protections granted to creators for their original works and innovations, giving them exclusive control over their use and safeguarding against unauthorized use or exploitation.
What is copyright?
Copyright is a legal right that protects original works of authorship, such as books, music, movies, artwork, photographs, and software.
What is patent?
A patent is a legal right granted by the government to an inventor for a new, useful, and original invention. It gives the inventor exclusive rights to make, use, sell, or license the invention for a certain period—usually 20 years from the filing date.
What is trademark?
A trademark is a symbol, word, phrase, logo, design, or a combination of these that identifies and distinguishes the goods or services of one business from those of others.
