Prakash Yedhula
(Lawyer)
17 January 2008
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
However, subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
i. for the purpose of research or private study,
ii. for criticism or review,
iii. for reporting current events,
iv. in connection with judicial proceeding,
v. performance by an amateur club or society if the performance is given to a non-paying audience, and
vi. the making of sound recordings of literary, dramatic or musical works under certain conditions.
Hence, if the CAT papers are used for doing research or private study, it would no be an infringement.