No Copyright for Text Books

 No Copyright for Text Books

 

 

HC dismisses educator’s copyright infringement claim

·         HT Navi Mumbai

·         29 Oct 2024

·         Karuna Nidhi   karuna.nidhi@hindustantimes.com 

 

 

The Bombay High Court last week dismissed an appeal filed by an educator and author, who alleged copyright infringement against his former students, accusing them of using content from his books on the Indian Economy and Constitution. He claimed that his books were widely recognised as comprehensive guides for competitive examinations in Maharashtra.

 

Ranjan Vasudeo Kolambe, known for his publications on

Indian Polity and Economy, claimed that Hanmant Maroti Hatnure, one of his former students, had reproduced substantial parts of his work in his own publications which is marketed as ‘Class Notes Bhartiya Arthvyavastha’ and ‘Class Notes Rajyaghatna.’

 

Kolambe contended that they used his books to launch their educational platform, Lokseva Academy, which featured online sales of the contested works. Following a full hearing, the district court had vacated a previous injunction order, finding insufficient evidence to confirm direct copying.

 

Yateen Kochare, representing Kolambe, argued that ‘Bhartiya Rajyaghatana Aani Prashasan’ and ‘Bhartiya Arthavyavashta’ that Kolambe were original works derived from extensive research and experience. He stressed that Kolambe’s reputation as an educator over the past 20 years added significant value to his works. He urged the court to acknowledge Kolambe’s authorship and to uphold the temporary injunction to ensure ‘Class Notes’ was removed from circulation.

 

Abhijeet Desai, on behalf of Hatnure, contended that the ‘Class Notes’ publications were independently created using publicly available sources, such as NCERT textbooks, government documents, and other acaAdvocate demic materials. He argued that any overlap between Kolambe’s books and ‘Class Notes’ was coincidental and insufficient to substantiate a claim of copyright infringement.

 

The high court, presided over by Justices A S Chandurkar and Rajesh S Patil, dismissed Kolambe’s appeal. In its observations, the court underscored the limited scope of copyright protection for educational materials that draw upon publicly available information.

 

The court observed that Kolambe had initiated copyright registration of his books after the defendants had already pubwrote, lished their own books. The court held that a temporary injunction was not warranted, as Kolambe had not demonstrated a prima facie case for substantial reproduction.

 

While acknowledging Kolambe’s status as an experienced educator, the court ruled that his appeal lacked the required legal basis for further action.

 

Consequently, the high court dismissed Kolambe’s appeal, permitting the continued sale and distribution of Hatnure’s ‘Class Notes’ publications, and expedited the final hearing of the suit at the district court level, with directions to decide on the merits alone.

 

LIMITED SCOPE OF COPYRIGHT PROTECTION FOR EDUCATIONAL MATERIALS THAT DRAW UPON PUBLICLY AVAILABLE INFO, SAYS HIGH COURT

 

Article Name: HC dismisses educator’s copyright infringement claim

Publication: HT Navi Mumbai

Author:  Karuna Nidhi    karuna.nidhi@hindustantimes.com