JOIN USCopyright case sparks debate on access to academic journals
A copyright claim case in the Delhi High Court has brought into focus two websites, Sci-hub and Libgen.
They access academic journals that have a paywall and provide them for free to anyone who wants to read them. The case was filed by three academic publishing houses.
Advocate Krishna Parekh says all original literary works, including academic papers, are protected under Section 13 of the Indian Copyright Act, 1957. “Section 14 of the act gives exclusive rights to the copyright owner. Since the exclusive rights are vested in the owner, it is important to determine the owner of the copyright,” he explains.
A huge number of students in Bengaluru use the sites in question. Scholars and scientists have written to the court, asking to be heard, as they believe blocking the two sites would deprive researchers in a country that cannot afford subscriptions to expensive sites.
Keep it legit
Rama Patnaik, chief librarian at Indian Institute of Management-Bangalore advocates open access but believes sites like Sci-hub and Libgen are in the wrong.
“They get access to journals through by obtaining the authentication of those in academic community through phishing. The spirit may be correct but the method is illegal,” she says.
She agrees institutions in developing countries might not be able to afford subscriptions to expensive scientific journals. “But ethical and legal open access platforms exist,” she says. In her view, the focus should shift to encouraging legitimate open access practices.
“Many authors tend to share their papers when directly contacted by someone who wants to use it for personal research. Publications generally don’t mind this. It is an ethical way to get access to journals,” she adds.
Can this be done without violating copyright? “There are contracts where the journal has absolute ownership of the paper and the author is not allowed to share the paper without seeking permission from the journal. On the other hand, there are contracts where the author retains certain rights to share their work for specified purposes. Some journals put a limit on copies the author can share,” Krishna explains.
Unmonitored access
Vasundara Priya, assistant professor at Bangalore University, agrees that open access to information is a good thing but worries what unmonitored access can do.
“The paywall was erected not just for publications to survive but also to protect the work of the author,” she says.
She points out that many journals with student email IDs allow access to academic papers at a discounted rates or for free. Larger universities also have subscriptions which can be used by students, she explains.
Vasundara adds that some streams like the pure sciences may not ever be completely open access due to the commercial implications of their
research.
She believes the court should regulate the sites in question and not completely shut them down. “We don’t have comprehensive laws surrounding the digital domain, which makes this even more complex,” she says.
Krishna says that there is no definite answer to whether Sci-Hub and Libgen violate copyright. “At a glance, it appears that they are infringing the publisher’s copyright. However, this needs to be analysed from the perspective of ‘fair dealings’ as well,” he says.
Questions at stake
A judgment passed against Sci-Hub and Libgen would terminate access to research for a great many students and researchers in India, says advocate Krishna Parekh, who specialises in intellectual property. “This goes against the very purpose of copyright, which is to promote the progress of science. On the contrary, allowing the defendants to function without any consequences would dent the purpose of copyright laws,” he notes.