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Educational Institutions On Copyright Laws

Authors' rights to their creative and literary works are referred to as copyright. This legal concept guards against infringement of the owner's copyrighted work by third parties. When the original writers' work is copied precisely without acknowledging the owner's rights, this is called infringement. University students frequently come into contact with copyright, particularly when turning in assignments.

When students improperly cite or fail to properly recognise the original authors' work, they may be guilty of either direct or indirect infringement. Fair dealing is both a defence in copyright-related legal procedures as well as an exemption to the copyright infringement rule. Plagiarism among students will result from their ignorance of copyright law.

This study examines the relationship between students' awareness of copyright and their knowledge of copyright law, as well as their mindfulness of equal protection and understanding of fair dealing. The strategy used is relayed on the feedback provided by the respondents following their attendance at a consumer seminar on copyright-related concerns. According to survey results, students' awareness of copyright is influenced by their familiarity with copyright law and fair dealing. This essay suggests additional study of the kinds of student infractions and the factors that contribute to such unlawful behaviours.

Copyright often refers to the "right to copy." An intellectual property right is copyright. The collection of legal rights that belong to those who create musical, theatrical, artistic, and literary works, as well as those who make motion pictures and sound recordings, is known as copyright. Beginning in January 1958, the Copyright Act of India of 1957 went into effect. This ACT has had six amendments. The year 2012 saw the most significant change.

This Act grants the owner of copyrighted materials the only right to reproduce, modify, translate, perform, display, record, broadcast, and distribute those works-until and unless they enter the public domain. It is considered an infringement when someone else utilises such copyrighted works without the owner's express permission.

In India, rather than protecting an idea itself, the law of copyright safeguards the expression of a concept. The Copyright Act of 1957's Section 131 grants copyright protection to musical, dramatic, artistic, and literary sound recordings and motion pictures. It is not surprising that copyright owners fight to safeguard the incentive for creative effort while educators prefer to use such works in their lessons without having to adhere to onerous rules or pay exorbitant licencing fees.

In essence, the legislative compromise gives copyright owners strong safeguards against excessive or financially damaging illegal use while allowing educators to utilise works protected by copyright in the classroom, subject to several restrictions and exceptions.

Statement Of Problem
Statement of problem is basically about how the educational institutes are dealing with the copyright law in India. It is also that how educational institute on copyright laws work. What are the rules that are needed to be followed?

Research Objective
Its objective is to explain how these laws help the writers to protect their work, their idea of expression, and how it analyse the works which can be included under copyright and which can be excluded.

Research Question
  • What are the laws which protect authors work in a country?
  • Which concept protects institution from infringing copyright laws?
  • When this topic came more into picture?
Research Hypothesis
What are the new laws that came into existence after educational institutes started making use of study materials of different publishers without taking any permission from the author.

Research Methodology
The study is purely quantitative and talks about the benefits that are being taken by the educational institutes without taking permission from the authors.

Scope And Limitations

The scope of this paper is that to make people aware of the Copyright Acts, how to preserve their idea, their work and their rights towards their work. The limitations are that till how far it is fair to use someone's idea of expression and under which provision.

Copyright Laws In India

In India, original writers of literary, theatrical, musical, and creative works as well as cinematic films and sound recordings are granted copyright, a type of safeguarding their intellectual property. While ideas themselves are not protected by copyright laws, their expressions are. Literary works, theatrical works, musical works, artistic works, cinematography films, and sound recordings all qualify for copyright protection under the Copyright Act of 19572. The Act protects literary works like books and computer programs, for instance.

One of the greatest benefits of copyright protection is that it is available in many nations across the world, even though the work is initially published in India due to India's membership in the Berne Convention. In regards to all nations that are signatories to the treaties and conventions to which India is a party, protection is given to works that were originally published in India.

Therefore, works first published in India are protected by copyright throughout a number of nations without the need to explicitly apply for it. The International Copyright Order, 1999, which was enacted by the Indian government, further expanded copyright protection to include works that were initially published outside of India.

Copyright On Education Institutions

Nearly every area of daily life has been impacted by the COVID-19 epidemic, which has spread to every country in the world. The greatest disruption in history, which affected over 1.6 billion students in more than 190 nations, also affected education systems. Classes had to be taken remotely on digital platforms, which required a significant shift in the processes. The provision of access to such content was challenging due to various considerations, such as copyright, and students' access to libraries and physical instructional materials was further restricted.

Copyright is a crucial component of education because it is present in textbooks, academic publications, online lectures, presentations, library collections, and research databases. Copyright is a collection of legal and ethical privileges that authors can use to permit or forbid the use of their works. As a result, the author may get compensated for permitting the usage of their work.

Copyright can impede the flow of information since it offers a legal way of excluding content, which can have an impact on how knowledge is transmitted.

As technology has lowered the barriers to sharing, copying, and creating at any time, making us all potential publishers and distributors of content, copyright and fair use law have come into focus. The ability to break the law has greatly increased. Copyright is about societal duty and protection-as well as digital citizenship-particularly in the digital era.

What's Protected And What's Not

Copyright is a little more complicated in the context of educational and classroom settings (including online classes). If it is utilized for in-person instruction, face-to-face instruction, and the educational institution is a non profit, even copyrighted material may be used there.

As a result, teachers and the majority of schools enjoy pretty extensive protections, enabling them to use movies and articles from publications like the New York Times or Scientific American as long as they do so for educational purposes. If you're using your learning management system for instructional purposes and the educational facility is a non profit, you may share a link to a recent Washington Post story, a PBS or CNN video, or both.

However, it's usually riskier to copy and distribute other people's works-for instance, copying off entire articles and giving them to your students. When this happens, copyright laws are more forgiving because the information wasn't distributed to the entire class or copied in its entirety. However, it's usually riskier to copy and distribute other people's works-for instance, copying off entire articles and giving them to your students.

When this happens, copyright laws are more forgiving because the information wasn't distributed to the entire class or copied in its entirety. Section 52 of Copyright laws, 19573, has got similar concept that there are few works that cannot be taken under copyright infringement.

Concept Of Fair Use

The Act of an infringement is exempt from fair use or fair dealing. The phrase "fair use" is not defined under the Act. Depending on the specifics of each case, the courts always interpret what "fair use" means. Anyone may use any copyrighted content for lawful purposes without seeking the owner's permission first, and doing so won't be viewed as an infringement.

The phrase "Fair Use" refers to a legal exception to the author of a literary work's exclusive copyright. Fair use allows the replication or use of a work protected by a copyright in a way that does not violate that right. The fair use concept, a type of creative counterpoint to copyright that promotes freedom of expression by allowing "the unlicensed use of copyright-protected works under certain conditions," furthers the uncertainty. Judges utilize four criteria to assess whether something is protected by fair use in copyright disputes.

The copyright may be used without the author's express consent, according to section 52 of the Copyright Act of 1957. As a result, the aforementioned Section permits the lawful use of copyrighted works for the society's growth in education, science, and culture. As perse The word "fair dealing" is not defined by the Copyright Act of 1957; nonetheless, the Indian Courts have viewed fair dealing as an exception and beyond the parameters that constitute infringement of copyrightable works in numerous rulings.

Also the Courts have referred the English decision in the words of Lord Denning:
"It is impossible to define what is "fair dealing". It must be a question of degree. You must first consider the number and extent of the quotations and extracts.... then you must consider the use made of them....Next, you must consider the proportions...other considerations may come into mind also. But, after all is said and done, it is a matter of impression."4

Under Section 52 of the Copyright Act of 1957, which specifies the parameters of fair dealing, a comprehensive list of actions is provided. The benefit of society in achieving educational aims is the overriding goal of the fair use theory.

Therefore, as far as educational institutions are concerned, making a photocopy of a book for instructional purposes or using a brief excerpt to explain something does not violate copyright and is adequately protected by the fair use doctrine.

Consider and implement the four principles in accordance with these recommendations to provide the strongest possible foundation for fair usage. To assess the type of your use, one might also want to consult the Fair Use Checklist.

Purpose; Nature; Amount
Only materials that support the needs of the designated educational programs should be used in class. The materials shouldn't be specifically or directly priced from the students.

The only parts of the work that are pertinent to the course's learning objectives should be used in class. Avoid using significant excerpts from books, stories, poems, works of modern art, and other similar items since the doctrine of fair use applies more strictly to highly creative works. Copies of "consumable" resources, such as exam forms and workbook sheets, that are intended to be utilized and then repurchased shouldn't be distributed by instructors.

The majority of the time, only condensed works or condensed portions from longer works will be used in the classroom. A single news article, a single journal article, or a single chapter from a book are a few examples.

The amount of work used should closely relate to the course's learning objectives. If the copying hits the market or sales of the copyrighted material, the instructor should take it into account. Materials used in the class should have a copyright notice and a citation to the publication's original source. Teacher should think about if the materials are appropriate. Whether in the form of a book, course pack, or another format, the teacher should think about whether the resources are reasonably accessible and affordable for students to acquire.

Learning and education are not left behind in the current digital world, when the means of exchanging any kind of knowledge depend on technology. In light of the present pandemic crisis, it is imperative that web-based or e-learning be promoted. A paradigm change in the education industry can be seen in the combination of conventional educational methods and modern IT-based systems. Increased internet use in the classroom guarantees that both students and teachers have the widest possible access to web-based learning.

Furthermore, there are dangers at every stage of development, and in the current environment, web-based learning anticipates copyright violation. In terms of the conventional approach to education, the provisions of the Copyright Act of 1957 regarding fair dealing do cover educational institutions, but they are insufficient and insufficient and do not extend the copyright's protection in light of distant learning or web-based learning.

Legislators must therefore be aware of the potential effects of online learning and digital access, strive for the broadest possible exceptions that will encourage creative responses to the industry's current problems, and then implement new legal provisions in the Copyright Act.

  • The Copyright Act, 1957
  1. Section 13- works in which copyright subsists (The Copyright Act, 1957)
  2. Section 13 of Copyright Act, 1957
  3. Certain acts not to be infringement of copyright
  4. Hubbard v. Vosper

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