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Unit 11: Library Legislation—II
Notes
Section 52 of the Act on the other hand, lists out several exceptions to this infringement
and it is in this list that libraries and library services find a mention.
Section 52 (o) provides for an exception for books which are not available for sale in India. It reads
as under:
‘the making of not more than three copies of a book (including a pamphlet, sheet of music, map,
chart or plan) by or under the direction of the person in charge of a public library for the use of the
library if such books is not available for sale in India.’
Therefore, three copies of such a book can be made and kept by a public library for the use of the
library. Thus whereas copying a book would otherwise amount to an infringement, this provision
grants a concession for books not available for sale in India. It is therefore clear that libraries
themselves can make and keep copies of such works.
The question therefore arises in whether there are any provisions for the library to follow for
facilitating access to any material. Are there any guidelines or provisions to ensure the safety of the
copyright of the works kept in the library? The Copyright Act answers only the tip of this proverbial
iceberg of a question in section 52 (p) which permits the reproduction of unpublished work kept in
a library for the purpose of research, private study or with a view to publish. A provision to section
52 (p) of the Act however obviates this provision and makes it applicable only to anonymous works
or to works whose copyright has effectively expired.
It is clear from the above two provisions that library and library services in particular are only
cursorily covered under the Act. It would therefore be pertinent to view some of the other general
provisions under the Act which might have a bearing on this issue.
Section 52 (a) of the Act provides that ‘a fair dealing with a literary, dramatic, musical or artistic
work not being a computer programme for the purpose of
(1) Private use, including research;
(2) Criticism of review,
Whether of that work or of any other work, shall not constitute an infringement’. Considering that
library services can be, and are usually availed of for private use and research, this concession finds
some meaning in terms of library services indirectly. There, however, remains the problem as
regards the interpretation of the term ‘fair dealing’. The Act does not define it but it is clear that it
does not connote reproduction but only a partial use for a bonafide purpose. While the Act supplies
this bonafide purpose, viz., private use, including research and for criticism or revision, English
courts have dealt with this term and the following guidelines can be culled out from those decisions:
• The quantum and value of the matter taken in relation of the comments or criticism.
• The purpose for which it was taken.
• Whether the work is published or unpublished, or circulated (if unpublished).
• The likelihood of competition between the two works.
11.7 The Delivery of Books ‘and Newspapers’ (Public Libraries) Act, 1954
An Act. to provide for Delivery of Books to the National Library, Calcutta, and other public libraries.
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows :
LOVELY PROFESSIONAL UNIVERSITY 119
