Revisiting Copyright Exceptions for Education and Libraries in India: Transition from Print to Digital Access

Contributor: C. Soundarya

Rapid digitization of learning resources has transformed the world of education and access to knowledge. The shift from print to digital platform signals unprecedented prospects for dissemination and democratization of knowledge; however, legal issues related to copyright protection come into play. Indian Copyright Act 1957 has for long recognized the exceptions of education and libraries so that copyright does not come in the way of learning. These copyright exceptions, though are relatively flexible in print media, face serious challenges in resolving the needs of a digital-first world. As India proceeds toward universal digital education and remote online learning, it becomes a necessity to reconsider and possibly update copyright exceptions in making them future-ready.

Understanding Copyright Exceptions in Education and Libraries

Copyright Law stands for striking a delicate balance between the good rights of a creator and the interests of the public in the availability of knowledge. Sections 52(1)(h), (i), (j), and (n) provide important exceptions in the Indian Copyright Act whereby  the law allows:

  • Reproduction by teacher or pupil in the course of instruction;
  • Use of copyrighted material in an examination; and
  • Reproduction of works by libraries for preservation.
  • Lending of books and other material by non-profit public libraries.

Those exceptions are set out in the aid to show adherence to the principles of the Berne Convention and TRIPS Agreement, particularly the “three-step test,” which states that any exception:

  1. Must be confined to certain special cases; 
  2. Must not conflict with a normal exploitation of the work; and
  3. Does not unreasonably prejudice the legitimate interests of the right holder.

However, print media was the primary focus of these provisions’ design. Their relevance to digital settings, such as remote access, digital repositories, and online classrooms, is still unclear or out of date.

The Digital Dilemma: Challenges in Application

  1. Technological Neutrality vs. Specific Language

The Indian Copyright Act does not explicitly extend educational exceptions to digital or online formats. For instance, “reproduction in the course of instruction” is silent on whether uploading a chapter to a Learning Management System (LMS) or sharing a scanned PDF over email qualifies. This ambiguity has led to inconsistent application and, at times, legal uncertainty for educators.

  1. The DU Photocopy Case: A Missed Opportunity?

In The Chancellor, Masters & Scholars of the University of Oxford & Ors v. Rameshwari Photocopy Services & Anr, the Delhi High Court upheld the right of educational institutions to reproduce copyrighted works for instruction under Section 52(1)(i). The ruling was praised as progressive since it confirmed that students from low-income families could obtain education. It was still limited to photocopying, a print-specific method, though. Educational institutions are left wondering where the legal line is because it did not address the exceptions’ wider applicability to online repositories, cloud libraries, or e-course platforms.

  1. Licensing Models vs. Open Access Expectations

Many publishers offer licensing models for educational content, but these often involve high costs, technological restrictions (e.g., DRM), and limitations on sharing or format conversion. Relying exclusively on licensed content may not be practical or equitable for Indian institutions that serve underserved and rural communities.

Global Comparisons: Lessons from Other Jurisdictions

Several countries have proactively updated their copyright laws to reflect digital realities:

  • Canada’s Copyright Modernization Act (2012) included a broad “fair dealing for education” clause that explicitly includes digital delivery.
  • Australia introduced provisions allowing libraries and archives to digitize works and make them accessible remotely during emergencies such as the COVID-19 pandemic.
  • South Africa’s Copyright Amendment Bill (2019), though controversial, proposed expansive exceptions for education and access to knowledge, including digital reproduction and distance learning.

These models offer useful precedents for India to draw from, especially as the National Education Policy (NEP) 2020 places strong emphasis on digital education, Open Educational Resources (OER), and e-learning infrastructure.

Policy Considerations for a Digital-Savvy Exception Framework

  1. Explicit Inclusion of Digital Uses in Section 52

It is imperative that Section 52 be changed to expressly permit:

  •  Remote access to digital repositories and library archives; 
  • Streaming of lectures that have been recorded and contain copyrighted excerpts; 
  • Digital reproduction and storage for classroom instruction;
  • Use of content in online assessments and e-learning platforms.

This would provide legal clarity and reduce the risk of infringement for educators and institutions.

  1. Support for Digital Libraries and Preservation

Libraries must be empowered to digitize out-of-print works, preserve born-digital materials, and provide online access — particularly during public emergencies like pandemics or natural disasters. This should include relaxed rules on format-shifting, interoperability, and temporary downloads for research and academic use.

  1. Public Interest Licensing and Statutory Schemes

Statutory licensing models (e.g., under Sections 31 and 31B of the Act) can be restructured to include collective licensing for educational use, allowing affordable access while compensating creators. Provisions could also be added for “compulsory licenses for digital education” in underserved regions.

  1. Encouragement of Open Access Policies

Stronger institutional and governmental support for open-access publishing, Creative Commons licensing, and publicly funded educational resources should go hand in hand with legal reform, even though it is crucial. Encouraging educators to use and contribute to OER platforms can mitigate dependence on commercial publishers.

Digital Transition: Ethical and Equity Concerns

There is a significant chance that the digital divide will widen as India moves toward an education system that is primarily driven by technology. Students in low-income or rural areas frequently do not have access to paid resources or reliable internet. Without legal mechanisms to enable flexible sharing and use of digital content, copyright law could inadvertently reinforce educational inequality.

Moreover, rigid copyright enforcement in digital spaces may also restrict culturally relevant and vernacular adaptations of material — stifling local innovation, contextual teaching, and inclusive pedagogy.

Conclusion: A Balanced Way Forward

The digitization of education is a permanent change rather than merely a passing fad. To maintain the constitutional right to education and fair access to information, India’s copyright exemptions must change appropriately. Even though copyright is still an essential tool for preserving artistic expression, it shouldn’t impede education, particularly in a nation that aims for social justice and digital literacy. The difficulty is in developing a framework that is forward-thinking, adaptable, and nuanced while acknowledging the realities of a digital learning environment and protecting the rights of authors and other creators. India can reaffirm its dedication to knowledge as a public good in the digital age by proactively revising and clarifying copyright exceptions for libraries and education.

References

  1. The Copyright Act, 1957, §§ 52(1)(h)-(n), No. 14, Acts of Parliament, 1957 (India).
  2. Agreement on Trade-Related Aspects of Intellectual Property Rights art. 13, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 U.N.T.S. 299.
  3. Pranesh Prakash, Access to Knowledge and the Role of Copyright Exceptions in Education, 16 JILT (2016), [https://ssrn.com/abstract=2823463](https://ssrn.com/abstract=2823463).
  4. The Chancellor, Masters & Scholars of the University of Oxford & Ors. V. Rameshwari Photocopy Services & Anr., 2016 SCC OnLine Del 5521.
  5. G. Ghosh, Digital Licensing in India: A Practical Overview 4 NUJS L. Rev. 135, 142–47 (2012).
  6. Copyright Modernization Act, S.C. 2012, c. 20 (Can.).
  7. Australian Government Productivity Commission, Inquiry Report: Intellectual Property Arrangements (2016), [https://www.pc.gov.au/inquiries/completed/intellectual-property/report](https://www.pc.gov.au/inquiries/completed/intellectual-property/report).
  8. Copyright Amendment Bill \[B13-2017] (S. Afr.).
  9. Ministry of Human Resource Development, National Education Policy 2020, at 57 (India).
  10. R. Gupta, A Digital Turn for Copyright in Indian Education, 13 I.J.L.I.T. 22, 27–29 (2021).
  11. Kenneth D. Crews, Study on Copyright Limitations and Exceptions for Libraries and Archives, WIPO Doc. SCCR/29/3 (2014).
  12. The Copyright Act, 1957, §§ 31, 31B, No. 14, Acts of Parliament, 1957 (India).
  13. Creative Commons India, Education Resources, [https://creativecommons.org/about/program-areas/education-oer/](https://creativecommons.org/about/program-areas/education-oer/) (last visited June 28, 2025).
  14. Asha S. George, Bridging the Digital Divide in India: Policy Imperatives, 24 E-Gov. Pol’y 41 (2021).
  15. Arun M. Menon, Contextualizing Copyright for Vernacular Education, 10 J. L. & Tech. Educ. 93 (2020).

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