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16 - Copyright and Academic Photocopying: The Delhi University Case

from Part IV - Obvious and Hidden Values in the Working of Copyright Exceptions

Published online by Cambridge University Press:  15 January 2021

Shyamkrishna Balganesh
Affiliation:
University of Pennsylvania Law School
Ng-Loy Wee Loon
Affiliation:
National University of Singapore School of Law
Haochen Sun
Affiliation:
University of Hong Kong Faculty of Law
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Summary

In 1982, eleven days before Christmas, major American publishers tried to play Grinch and stop the popular practice of photocopying course readings. The publishers sued New York University (NYU) and a photocopying shop for copyright infringement, for compiling course packs. Reportedly, this was the first such legal action against universities, with NYU being “not necessarily the worst violator” but a “representative” target. Critics viewed the lawsuit as a tactic to force a settlement and “panic university libraries into signing up” with a collecting society. Eventually, a settlement was reached, and a new photocopying policy adopted by NYU. NYU agreed to seek permissions where none was previously taken. This sent ripples across US academia. Professors shied away from prescribing photocopied materials, while many universities emulated NYU.

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Publisher: Cambridge University Press
Print publication year: 2021

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