New Delhi: The Delhi High Court on Thursday rejected a plea of Delhi University students' asking it to vacate the order on a photocopy shop in the north campus, restraining it on selling of photocopies of certain text books of international publishing houses. The students moved the court saying the ban on the photocopy shop be lifted to ensure their welfare and preparation to the coming term-end examinations in May this year.
Justice Rajiv Sahai Endlaw, however, refused to allow the plea of students and posted the matter for further hearing for May 13. The court had earlier restrained Rameshwari Photocopy Service located in Delhi School of Economics from making or selling course packs and also reproducing the publications of three international publishing houses - the Oxford University Press, the Cambridge University Press and Taylor and Francis
The three had moved the court August 14, 2012 against Rameshwari Photocopy Service alleging that it was infringing their copyright over the text books by selling their photocopies to students. The court, while passing an interim order last year, had restrained the photocopy shop from "making or selling course packs and also reproducing the plaintiff's publication or substantial portion by compiling the same either in a book form or in the form of a course pack, till the final disposal of the said application".
The order had said: "The photocopier is running its shop under licence from university. Photocopier has no right to compile such course packs and books/articles published by the plaintiffs and more so, when the university has taken a stand that that they have no intention to breach any law by making such reproductions as complained of by the plaintiff in the present suit."
The Delhi University earlier had assured the court that it would take steps to prevent the copyright infringement. During the hearing on Thursday, an advocate appearing for publishing houses sought dismissal of the students' plea. "That shop photocopied my entire text book just because you are teacher or student... you cannot use the photocopy of the text book. The objective of this case is to stop this activity and not to stop the students from studying the books. They can study the chapters or books in library. But the text books can not be reproduced entirely."