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jagadish paranjape (Advocate)     03 December 2024

Copying an article with author's name and publishing it in other groups

While going through various legal Articals on sites related to law one comes across an interesting Article,one is tempted to send the Article in other groups Is it permissible to copy the Articlal with authors name and submit the same in other lawyer's group for information.



Learning

 5 Replies

P. Venu (Advocate)     03 December 2024

Ideally, original owner's consent is required. However, it is not always the case the original owner takes a serious view of such violations, if the republication is benign and without any profit motive but only for the purpose of dessimination of information.

Dr. J C Vashista (Advocate )     04 December 2024

Whether the author has reserved his/ her copy right of such an article ?

Generally not.

Hence there is no legal dispute/ issue.

T. Kalaiselvan, Advocate (Advocate)     04 December 2024

If the author's rights are not reserved and if the article is posted in a public domain also if you are not misusing it for monetary gains then there may not be any legal infirmity in it.

Pankhuri Rastogi   05 December 2024

Hello Jagadish,

I have reviewed your query and I totally understand your concern regarding the permissibility of sharing the article of some other author in your groups. Here, I would like to provide you with some bits of advice, that might help you out.

As per the Copyright Act, of 1957, every author has some exclusive rights over their work. These rights include the right to reproduce, distribute, or communicate the work to the general public. If you want to share the article with the author’s name in other groups, then it may seem permissible but the fact is that it should be of fair use and should be done with explicit consent of the author.

If you copy and share the article, even if it has the attribution, this will infringe the copyright of the author if it has been done without the permission of the author. However, limited sharing might be permissible under the principle of fair dealing if it has been shared only for educational or informational purposes. This has been explicitly mentioned in Section 52 of the Copyright Act, of 1957. But still, I would like to let you know that it must be done with proper caution.

Hence, at last, I would like to suggest you seek consent from the authorv and let him know for which purpose, you are using the article. Please refer to the case of Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1 for a better understanding of the concept.

I hope I was able to make things clear for you. If you need further clarification, please feel free to connect with me on LinkedIn.

Thank You.

jagadish paranjape   06 December 2024

Thanks Pankhuruji.Your detailed guidance  was very useful.I practice in labour and employment laws and I am member of Labour Law Practitioners Association at Pune.We desire to share Articles related to other fields of law in our group. I find the Articles in Judicial Academies sites very useful.Now  before sharing the Articles, I shall attempt to seek permission.Thanks again and Regards.


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