Arindam Banerjee (officer) 17 November 2015

Non-response for copyright requests

Dear Sir,

I am writing a text book on Accounting, where I used financial data from publicly financial data e.g. balance sheet etc available in Annual Reports of the companies. I sent emails to respective companies for permissions. Few of them responded but many of them are not replying even after sending 4-5 reminders.

Someone told me that if the companies do not respond even after sending 4 reminder mails, the data can be used after acknowledging the source. Is this true? If true, please also quote the section of the relevant act.

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2 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer) 25 November 2015

You cant use copyrighted material of other company without their permission. Even though you have given notice doesnt give authority to use the material without permission.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 15 December 2015

The Copy Right Act inter-alia provides certain exemptions, without need to first obtain permission from the copyright holder.

For the purpose of Research, education and study

For learning and teaching in a class room

Under the Teach Act 2002, Sec 110(1 & 2), the Copy Right Law provides educators with a separate set of rights in addition to fair use, to display and perform others work in the classroom.

Copying for examination and for instruction

Fair use (making copies) not for profit

However, the original author must always be acknowledged by giving reference.

If its a Published public document not classified as privileged, the same may reproduced by giving proper reference.