Study guides do not constitute copyright infringement

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In Syndicate of the Press & Anr v BD Bhandari and Anr, Delhi High Court recently addressed the issue of copyright infringement in certain published study materials used in schools and colleges. A suit was instituted to restrain the defendants from selling books titled MBD English Guide, which they had published and which incorporated text that was taken verbatim from the plaintiff’s publication. Dismissing the suit, the court held that the guides – locally known as kunjies or dukkies – are basically tools not for study or understanding, but for undertaking an examination at short notice.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in, lbhasin@vsnl.com or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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