Why in News? Andhra Pradesh (AP) High Court (HC) recently ruled that textbooks dealing with mathematical equations and science subjects do not come under copyright law, as their content is non-literary in nature.

What is Copyright and When is it Infringed? Copyright refers to the right given by law to creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings including rights of reproduction, communication to public, adaptation, and translation. These rights are protected under Copyright Act of 1957. Copyrighted work is “infringed” if a substantial part is used without authorization. It can attract legal action from copyright owner who is entitled to remedies such as injunctions and damages.

Case before HC and its Judgement: A petition was filed by Guntur-based Deepthi Publications (publishes math and science books) which was charged for copyright infringement by AP government for publishing state textbooks. The plea sought to quash a 2010 AP government order which restricted private schools and colleges from publishing state textbooks to tackle “piracy”. The court said that textbooks don’t fall under copyright act, as petitioner’s books are for student’s benefit, thus, are protected under Section 52 of copyright act(fair use is an exception to copyright infringement in educational uses).

Can There Be Copyright on Textbooks? Although National Council of Educational Research and Training (NCERT) recently issued a warning against copyright infringement of its educational materials, Courts in their previous judgements have sided with publishers excluding their work from copyright law. In 2008 ‘Eastern Book Company v. D.B. Modak’ case, SC stated that a work somewhat different in character produced by virtue of selection, co-ordination, or arrangement of pre-existing data can be considered original rather than a verbatim reproduction.