1

REPROGRAPHY AND ITS IMPLICATIONS ON COPYRIGHT: A COMPARATIVE

STUDY BETWEEN INDIA AND U.S.A
INTRODUCTION
RESEARCH- MEANING AND DEFINITION
The word research is composed of two words re and search. The dictionary defines the
former re as a prefix meaning again, a new or over again and the latter, search as a verb
meaning to examine closely and carefully, to test and try or to probe. Together, they
form a noun describing a careful, systematic, patient study and investigation in some field of
knowledge, undertaken to establish facts or principles.
1

There are accepted truths and theories in all fields of knowledge. The theories with differing
levels of generality and degree of confrontation existing at a given point of time are known to
all. The intellectuals of the society are always inclined to probe for facts of the empirical
world and confirm the proved truth of their investigations by accepting or correcting the
existing theories. Such probing is called research.
2

Research is defined as approach towards purposeful investigation. It always begins with a
question or problem. Its purpose is to find answers to questions through the application of
systematic methods. This needs formulating a hypothesis, collection of data on relevant
variables, analysing and interpreting the results and reaching conclusions either in the form of
a solution or a certain generalisation. Research is an academic activity and a systematised
effort to gain new knowledge. It is one of the ways to find answers to some unanswered
questions.
3

The term research can be defined in a lot of ways, some of them being the following:-
According to Clifford Woody research comprises defining and redefining problems,
formulating hypothesis or suggested solutions; collecting, organising and evaluating data;

1
Mukul Gupta & Deepa Gupta, Research Methodology, PHI Learning Pvt. Ltd. Publishers, 2013, IInd Edn.,
Delhi, p.4
2
Dr. S.R.Myneni, Legal Research Methodology, Allahabad Law Agency Publication, 2012, Vth Edn.,
Faridabad (Haryana), p. 1
3
Supra 1, p. 5
2

making deductions and reaching conclusions; and at last carefully testing the conclusions to
determine whether they fit the formulating hypothesis.
4

According to Encyclopedia Britannica, Research is a act of searching into a matter closely
and carefully, inquiring directly to the discovery of truth and in particular the trained
scientific investigation of the principles and facts of any subject, based on original and first
hand study of authorities or experiment. Investigation of every kind which have been based
on original source of knowledge may be styled research and it may be said that without
research no authoritative works have been written, no scientific discoveries or inventions
made no theories of any value propounded.
5

D. Slesinger and M. Stephenson in the Encyclopedia of Social Sciences define research as
the manipulation of things, concepts or symbols for the purpose of generalizing to extend ,
correct or verify knowledge, whether that knowledge aids in construction of theory or in the
practice of an art.
6

The Websters International Dictionary proposes a very inclusive definition of research as
A careful inquiry or examination in seeking facts or principles; diligent investigation in
order to ascertain something.
7

To quote Francis Bacon, Research is a power of suspending judgment with patience, of
mediating with pleasures, of asserting with caution, of correcting with readiness and of
arranging thought with scrupulous plan.
8

Thus, according to the above definitions we can say that research is a systematic study to
attain some objective and also to discover answer to questions, thereby adding to the existing
knowledge and enhancing it.
Importance of Research
The research can be very important for a researcher. Importance of research can be listed
below as:-
To discover answer to the questions.

4
C.R.Kothari, Research Methodology, Methods and Techniques, New Age India (P) Ltd. Publishers, 2013, New
Delhi, p. 1
5
Supra 1, p. 5
6
Supra 4
7
Supra 1
8
Ibid
3

To find out the truth which is hidden and yet not discovered.
To gain familiarity with a phenomenon.
To portray accurately the characteristics of a particular, individual situations or a
group.
To determine the frequency with which something occurs or with which it is
associated with something else.
To test the hypothesis of a causal relationship between variables.
9

Legal Research
Legal research means research in that branch of knowledge which deals with principles of
law and legal institutions. It is not essentially different from other types of research. This too
is search for authority to verify some hypothesis and is a continuum. Under the broad name
of enquiry about law, an analysis is made of the rules, concepts and institutions of the legal
systems itself.
10

Legal research is one of the aspects of study of human behaviour, their interactions, attitudes
pertaining to any law under the research studies. The legal research is the study of
relationship between the world of the law and the world that the law purports to govern. The
law and the real world are in close relation. The law is a more or less systematic statement or
the appropriate behaviour of the society. But the legal statement is built on the verbal
statements, and in the process the real world becomes more and more remote.
11

The systematic investigation of problems and of matters concerned with law such as Codes,
Acts, Constitutions, etc is legal research. Judges, lawyers, Law Commissions and researchers
constantly do research in law. They do make systematic research into the social, political and
other fact conditions which give rise to the individual rule. For example, in the case of Mc
Dowell and Co. Ltd. v. Commercial Tax Officer
12
, Justice Chinnapa Reddy presented his
investigation and analysis of cases of tax avoidance in his separate judgment. It is a research
report of tax avoidance in terms of legal methodology. Research area in law is related to pure
law or law in relation to society.
13


9
Supra 4
10
S.K Verma & M. Afzal Wani, Research Methodology, Indian Law Institute Publication, 2010, 10
th
Edn., New
Delhi, p. 139
11
Supra 2, p. 16
12
(1985) ITR Vol. 154 p. 148-172
13
Supra 2, p. 17
4

According to J Myron Jacobstein and Roy M Mersky, Legal Research is the process of
identifying and retrieving information necessary to support legal decision making. In its
broadest sense, legal research includes each step of a course of action that begins with an
analysis of the facts of a problem and concludes with the application and communication of
the results of the investigation.
14

Therefore, legal research can be said to be a research in the field of law and legal institutions.
Legal Research is helpful to understand the problems in society and the changes required.
Importance of Legal Research
Legal Research has the following importance:-
Only due to legal research one gets to know about the problems in society and the
need for law to tackle them.
It also helps to identify the drawbacks in law and the modifications required.
It helps the Government to formulate plans and policies to take care of the needs of
the people.
The Legislature, through legal research can take steps to make laws to take care of the
needs of the society. This is in terms of amending, modifying or making an entirely
new law.
It helps the Executive/Administrative Authority to judge the laws that will be
implemented.
It helps the students of law to enhance and develop their knowledge.
It is helpful and useful for Academicians and also it increases knowledge of law.
Introduction to research project
The present research project deals with the research about the problem of Reprography in
India and its consequent impact on the rights of the authors. Todays world is being
confronted by a phenomenon which has the potential of taking away the incentives of many
authors and publishers to write and distribute good quality literature. The copyright law of
India describes reprography as the making of copies of a work, by photocopying or similar

14
J. Myron Jacobstein and Roy M. Mersky, Fundamentals of Legal Research, 8th ed. (Foundation Press, 2002)
p. 1.
5

means.
15
Although a standard definition has not been arrived at; the WIPO (World
Intellectual Property Organization) has described reprography as the non manual and non
typographic reproduction of tangible copies on which one perceives a work. Therefore,
making of photocopies of articles of a journal or recording our favourite program for later
viewing would constitute reprography.
Reprography is defined as the reproduction and duplication of documents, written materials,
drawings, designs, etc., by any process making use of light rays or photographic means,
including offset printing, microfilming, photography, office duplicating, and the like.
16

Piracy in literary work can be traced from the time of invention of printing press. 1980s
piracy has become a global problem due to rapid advances in technology. The results of the
fifth annual benchmark survey on global software piracy showed that piracy loss in India
exceeded 900 crores at piracy rate of 59 per cent.
17

The copyright law, which was first aimed at protecting the printing work, has undergone
tremendous changes over the time with the development of technology. The scope of literary
and artistic work has been extended from literary and artistic work to musical and dramatic
work, cinematography film and sound recording. Technological progress has made
reproduction of copyright material easy and cheap, but at the same time it has made piracy of
copyright work simple and difficult to control. The seriousness of piracy in copyright work
has been realised only after the development of gadgets like tape recorder, videocassette
recorder and magnetic tape. Invention of computer, which is capable of doing multifarious
functions such as create, store and transmit information in the electronic form posed much
greater threat to the literary work.
18

Piracy not only causes loss to the owner of the copyright, but also the pirates evade the
payment of royalty, excise duty, sales tax, etc. Consumer pays for poor quality of the product.
The continuing problem meant higher process for the consumer. In Miller vs. Taylor,
19

Willes, J. Observed It is wise in any state to encourage letters and painful researches of
learned men. The easiest and most unveil way of doing it is by securing to them the property

15
Reprography Regulatory Mechanisms, http://www.legalservicesindia.com/article/article/reprography-
regulatory-mechanisms-930-1.html last accessed on 4th September, 2013.
16
http://dictionary.reference.com/browse/reprography last visited on 7th September, 2013
17
Dr. Das, Bharat B., Significance, History and Development of copyright law, Central India Law Quarterly,
available at http://indiankanoon.org/doc/1217709/ last visited at 7
th
September, 2013
18
Ibid
19
(1769) Burrow 2033 (United Kingdom)
6

in their work. Law of copyright is not only to secure the authors the property in their works
but also protect them from Plagiarism. In order to be covered by copyright law any work in
which copyright is claimed must originate from the author. It also necessarily means that the
work in which copyright is claimed must be something, which has not been copied by the
author from anyone else. It is only when the work has not been copied that it can be said that
it has originated from the author.
20

The present problem of reprography may have serious repercussions in protecting copyright
works and thus hampering the dissemination of knowledge. The new means of reproduction;
photocopying, optical scanning and downloading present special challenges to intellectual
property right enforcement.
RESEARCH METHODOLOGY
RESEARCH PROBLEM
A research problem is the first step and the most important requirement in the research
process. It serves as the foundation of a research study thus if well formulated, you expect a
good study to follow.
The term problem comes from the Greek word proballein which means anything through
forward; a question proposed for solution; a matter stated for examination.
21

Problem is defined as A question proposed for solution; a matter stated for examination or
proof; hence, a matter difficult of solution or settlement; a doubtful case; a question involving
doubt. The awareness of existence of unsolved difficulties is the first and foremost symptom
for locating a research problem. Besides, there must be a need to identify a research problem.
Research problem refers to some difficulty which a researcher experiences in the context of
either a theoretical or practical situation and wants to obtain a solution for the same. It is an
issue or concern that an investigator presents or justifies in research study. A problem
involves areas of concerns to researchers, for condition they want to eliminate, difficulties

20
Camelin Pvt. Ltd. V. National Pencil, AIR 1986 Delhi 144
21
Supra 2, p. 90
7

they want to eliminate, questions for which they want to seek answers. It is anything that a
person finds unsatisfactory or unsettling, a state of affairs that need to be changed.
22

Some of the definitions of Research Problem by different authors can be traces as below:-
According the Kerlinger, in order for one to solve a problem, one must know what the
problem is. The large part of the problem is knowing what one is trying to do. A research
problem and the way you formulate it determines almost every step that follows in the
research study. Formulation of the problem is like the input into the study and the output is
the quality of the contents of the research report. A research problem is often accompanied by
research question. A Research Question is a statement that identifies the phenomenon to be
studied.
23

In the words of Bless et al in some cases research problems or questions are defined too
vaguely and too generally. An important point to keep in mind when defining or formulating
a research problem is that it should be specific rather than general. When a problem or
question is specific and focused, it becomes amore answerable research question than if it
remained general and unfocused.
24

R.S.Woodworth defines problem as a situation for which we have a ready and successful
response by instinct or by previously acquired habit. We must find out what to do.
25

According to Cohen and Nagal, For it is an utterly superficial view that the truth is to be
found by studying the facts. It is superficial because no inquiry can ever get under way until
and unless some difficulty is felt in a practical or theoretical situation. It is the difficulty of
problem, which guides our research for some order among the facts in terms of which
difficulty is to be removed.
26

John Dewey states, The need of clearing up confusion, of straightening out an ambiguity, of
overcoming obstacles, of covering the gap between the things as they are and as they may be
when transformed, is, in germ, a problem.
27


22
Research Problem, Hypothesis and Variables, available at http://www.scribd.com/doc/16739725/Research-
Problem-Hypotheses-and-Variables, last visited on 8
th
September, 2013.
23
Ibid
24
Ibid
25
Supra 2, p. 90
26
Ibid
27
Ibid
8

According to Yegidis & Weinback, First identifying and then specifying a research problem
might seem like research tasks that ought to be easy and quickly accomplished. However,
such is often not the case.
28

A problem in a research is thus, of fundamental importance. Without a problem in the
research it is meaningless. This is the guiding step for the researcher as it poses a question
that requires solution.
Importance of Problem in Research
The importance of problem in research can be traced as below:-
Indicates evidence-based inquiry
It gives a clear direction to the researcher.
It helps the researcher to reach a conclusion
According to Kumar, research formulation is like the identification of a destination
before undertaking journey. As in the absence of a destination, it is impossible to
identify the shortest-or indeed any route in the absence of a clear research problem, a
clear economical plan is impossible. A research problem is like the foundation of a
building. The type and design of a building is dependent upon the foundation of a
building.
29

The present research project deals with the following problems:
The first problem is with reference to the recognition of rights of authors. Due to the
prevalent reprography, the rights of authors are not being recognised. The rights include
economic and moral rights of an author. Since the system of piracy and means of
photocopying are prevalent, the rights of the authors are not given much importance, neither
are they fully recognised.
Secondly, there is a problem that relates to the payment of royalty to authors. Through
photocopying, scanning, printing and electronic storage in databases, etc. the royalty which
should be paid to the authors for their work is reduced to a great extent. Also, in some
instances, the royalty is not paid at all. All these instances lead to reducing the creativity of
authors, thereby reducing their encouragement for further improvement in their work.

28
Ranjit Kumar, Research Methodology, Dorling Kindersley (India) Pvt. Ltd., Publication, 2013, IInd Edn.,
Noida (UP), p. 40
29
Supra 22
9

Thirdly, one of the main problem in India with respect to reprography is the absence of an
authority to deal with the same. In the United States and United Kingdom there are
institutions of collective management of copyright which act as a link between the users and
the authors, thereby recognising the rights of the authors and helping them to get the requisite
royalty. But in India this system is lacking and that is why there is a huge problem for
payment of royalty to the authors.
RATIONALE
The rationale of a study explains why the study is required to be done. It provides for the
need and importance of research. A rationale is required before beginning any sort of
research project. It is the researcher's reason for conducting the research in the first place. The
rationale includes the (1) reasons for focusing on your stated goals, objectives, and
hypotheses and (2) reasons for choosing the materials and methods you propose to use. The
rationale of your research proposal determines the actualization of your research paper. It is
not only made because it is required for a research proposal, it shows how well you really
know and understand your subject matter. It dictates if your subject matter is important or
inconsequential.
30

The rationale should be the guiding point throughout ones research. When the rationale is not
clear, it is evident that a person is not doing the research studiously. Maybe a person does not
understand the topic, or he has just misjudged it. There are some instances, too, that the topic
is played down or embellished. It is apparent that these kinds of rationales are not based from
facts and are groundless. It is very important to have a rationale so as to keep the objectivity
of your research. By being specific and focused, one is able to have a good rationale.
Rationale is the explanation of the logical reasons or principles employed in consciously
arriving at a decision or estimate. Rationales usually document (1) why a particular choice
was made, (2) how the basis of its selection was developed, (3) why and how the particular
information or assumptions were relied on, and (4) why the conclusion is deemed credible or
realistic.
31



30
The Research Proposal, www.cof.orst.edu/cof/teach/fs521/handouts/the_research_proposal.pdf, last visited
on 2
nd
September, 2013
31
http://www.businessdictionary.com/definition/rationale.html, last visited on 2
nd
September, 2013
10

Rationale of the present Research Project
Reprography is prevalent in India and it has a major impact on the economic and moral rights
of the authors. As far as the economic rights of an author are concerned, the use of
reprography will act as a detriment in the payment of royalty to them. As for the moral rights,
through reprography the authors of the work will not get proper recognition and will also
affect their reputation. If the authors of the work are not given the requisite royalty then this
will lead to restricting their caliber and scope to write further as also restricting them from
providing further knowledge to the people at large who benefit from them. Thus, there is a
need for the society to be aware of this problem.
OBJECTIVES OF RESEARCH
The purpose of research is to discover answer to questions through the application of
scientific procedure. To find the truth with an aim to advance those areas which have not yet
been exposed. It means to further extend the knowledge of any subject matter.
An objective is a specific result that a person or system aims to achieve within a time frame
and with available resources. Objectives are basic tools that underlie all planning and
strategic activities. They serve as the basis for creating policy and evaluating performance.
Objectives can be general or specific. The general objective of the study states what the
researcher expects to achieve in general terms. Specific objectives break down the general
objective into smaller, logically connected parts that systematically address the various
aspects of the problem. The specific objectives should specify exactly what the researcher
will do in each phase of his study, how, where, when and for what purpose.
Changes in the society demand that law should move with the time if it has to remain alive
and active. The object of legal research, therefore, is to find out lacuna or deficiency in the
existing law and to suggest suitable legislation for that area. But where there is no law, the
object of legal research would be to suggest a new suitable legislation to that area. However,
if the law does not work for that area for any reason, a suitable reform can be suggested to
make it workable.
Every researcher has its own specific purpose, however, the purpose and objective of
research can be broadly classified as follows:-
Define the focus of the study
11

Add to existing knowledge
Go from unknown to known
Clearly identify variables to be measured
Indicate the various steps to be involved
Establish the limits of the study
Find out a new concept/rule
Study the impact of law on society
Verify the existing fact
Avoid collection of any data that is not strictly necessary.
The main objectives of this research project are:-
To examine the rights of authors under the Domestic laws and also the International
Laws,
To explain the Defenses available and the ways of restricting reprography under
Copyright Act, 1957.
To highlight the remedies available to the authors in case of infringement of their
rights.
To make a comparison on laws of reprography in India and USA.
To explain the effect of internet on reprography.
To explain the concept of reprography as developed by Judiciary in India and USA.

REVIEW OF LITERATURE
The literature review is an integral part of the entire research process and makes a valuable
contribution to almost every operational step. It has value even before the first step; that is,
when one is merely thinking of a research question that one may want to find answers to
through ones research journey. In the initial stages of research it helps the researcher to
establish the theoretical roots of his study, clarify his ideas and develop the research
methodology, but later on the literature review serves to enhance and consolidate the
researchers knowledge base and helps him to integrate his findings with the existing body of
12

knowledge. Since an important responsibility in research is to compare the findings with
those of others, it is here that the literature review plays an important role.
32

The major goals of review of literature include the ability to develop and defend epistemic
warrants about the literature enables candidate to develop intellectual independence. It also
enables a researcher to make a reasonable range of intellectual decisions. Making such
decisions, in turn requires the candidate to find, evaluate and synthesize that literature
purposefully. A productive insight can be developed into an integrated set of concepts,
theories, and empirical and normative claims gleaned from the literature.
33

According to Fink, A literature review is a systematic, explicit and reproducible method for
identifying, evaluating and synthesizing the existing body of completed and recorded work
produced by researchers, scholars and practitioners.
34

Reviewing literature can be time-consuming, daunting and frustrating, but it is also
rewarding.
Importance of Review of Literature
It provides a theoretical background to the study
It reviews the means by which the researcher establishes the links between what he is
proposing to examine and what he has already been studied.
It helps the researcher to refine his methodology
Through literature review one is able to show how the findings have contributed to the
existing body of knowledge.
It enables the researcher to contextualise the findings
35

Review of literature of the present research project:-
Prof. Narayanan in his book titled I ntellectual Property Law, Eastern Law House
Publication, IVth Edn., 2004, p. 251 notes, basically copyright is the right to copy or
reproduce the work in which the copyright subsists. It is only when the copyrighted work
enters the market does the creator get an opportunity to earn a return on his labour. Most of
the creative works and literary expressions protected by the law of copyright therefore require

32
Supra 28, p. 30
33
Dr. D.R.Kapoor & Ms. Puja Saigal, Research Methodology, Methods and Techniques, Regal Publication,
2013, New Delhi, p. 132
34
Ibid
35
Supra 28, p. 30
13

to be communicated to the public by way of issue of copies or by way of any means of
display or diffusion depending upon the nature of work and this requires substantial
investment and communication network which the individual author is generally
incapacitated due to the high costs involved in the process. Copyright protection, from the
viewpoint of the creator of the works, makes sense only if the creator actually derives
benefits from such works, and this cannot happen in the absence of publication and
dissemination of his works and the facilitation of such publication and dissemination. So in
order to meet this aspiration that their work must enjoy the widest possible market, the
creators sell or license their exclusive rights to copyright industry to market and distribute
their work in return for a fixed lump sum payment (as what generally happens in the case of
complete assignment) or royalty payments (as what generally happens in the case of
licensing). It is not far from the truth that those who carry out economic exploitation of the
copyright enjoy almost all the economic rights by way of a contractual agreement than the
creators of the work.
Melville B. Nimmer, David Nimmer, in their book titled Copyright, Lexis Nexis
Publication , Ist Indian Reprint, 2010, Para 8-30.1 state that To prove reproduction of his
work, or of a substantial part thereof, the plaintiff must establish that the defendant has
copied the whole or a substantial part of his work. Mere identity cannot establish
reproduction of the plaintiffs work by the defendant. Whether the evidence in a particular
case is or is not sufficient to establish the fact depends upon the facts and circumstances of
that particular case.
Lionel Bently and Brad Sherman, in their book entitled I ntellectual Property Law,
Oxford University Press, IIIrd Edn., 2001, p.138 explain the right of reproduction/right to
copy of an author as follows:- The first and the best known right given to the copyright
owners is the right to copy the work. The right to copy the work is the oldest of the rights
granted to owners of copyright. While the right applies to all works, the scope of the right
varies depending on the type of work in question. Having said that, one factor that is common
to all works is that infringement takes place whether the copy is permanent , transient,
temporary, or incidental to some other use if the work. This means that a person will infringe
when they reproduce a copyright work on a computer screen, or store it in the computer
memory. Activities associated with the internet such as framing will be straightforward cases
of copying. So will the unauthorized acts of uploading on to sites or downloading from peer
14

to peer systems like Napster. The problems by the internet for copyright holders, are, in
essence, ones of detection and enforcement rather than absence of liability.
Laddie, Presscott and Vitoria, The Modern Law of Copyright and Designs, Butterworths
Publication, Vol. 1, IIIrd Edn., p. 613, 614, state that The copyright in original literary,
dramatic, musical and artistic works is infringed by copying it or substantial part thereof,
or by authorizing another person to do so, unless it is done with the copyright owners
consent or except in permitted circumstances. Thus, reproduction means reproducing the
work in any material form and includes storing of work in any medium or electronic means.
The classic method of infringement by reproduction of a work was and is by multiplying
copies, but the concept was always wider than that. Thus, not only printing, but reproduction
by making handwritten copies, by photography or other means of reprography, typewriting,
duplicating and so on are considered infringement of copyright.
HYPOTHESIS
The hypothesis is derived from the ancient Greek term, hypotithenai which means to put
under or to suppose.
36
The word hypothesis is a compound of two words: hypo and
thesis and literally hypo means below or under and thesis means a reasoned theory or
rational view point. Accordingly, hypothesis would mean a theory which is not fully
reasoned. In other words, hypothesis is a theory entertained in order to study the facts and
examine the validity of the theory.
37

Hence hypothesis can be defined as any supposition or mere assumption which we make in
order to endeavour to deduce conclusions in order to deduce conclusions in accordance with
the facts which are known to be real under the idea that if the conclusions to which the
hypothesis leads are known truths, the hypothesis itself either must be or likely to be true.
38
A
hypothesis directs our search for an order. It is not essential for a hypothesis to be
necessarily true. In fact, hypothesis is a bridge in the process of inquiry or search which
begins with some felt difficulty or a problem and ends without the resolution of the problem.
The suggestions formulated in the hypothesis may be solution to the problem. The truth of
hypothesis involves observation, imaginative thinking, anticipation and deductive
verification.

36
Supra 33, p. 156
37
Supra 2, p. 28
38
Ibid
15

Ordinarily, when one talks about hypothesis, one simply means a mere assumption or some
supposition to be proved or disproved. But for a researcher hypothesis is a formal question
that he intends to resolve. Thus a hypothesis may be defined as a proposition or a set of
proposition set forth as an explanation for the occurrence of some specified group of
phenomena either asserted merely as a provisional conjecture to guide some investigation or
accepted as highly probable in the light of established facts. Quite often a research hypothesis
is a predictive statement, capable of being tested by scientific methods, that relates an
independent variable to some dependent variable.
The hypothesis for a research has been defined by various authors in the following ways:-
According to Coffey, A hypothesis is an attempt at explanation, a provisional supposition
made in order to explain scientifically some facts or phenomenon.
39

George J Mouly defines Hypothesis as An assumption or proposition whose testability is to
be tested on the basis of the computability of its implications with empirical evidence with
previous knowledge.
40

As per Goode and Hatt, Hypothesis is a proposition which can be put to a test to determine
its validity.
41

In the words of Good, A hypothesis is an informed or shrewd guess or inference, with a
reasonable chance of being right, formulated and tentatively adopted to explain observed
facts or conditions and to guide in further investigation, in other words, to serve as the
investigators eyes in seeking answers to questions.
42

Creswell says Hypothesis is a formal statement that present the expected relationship
between an independent and dependent variable.
43

The Websters International Dictionary gives the meaning of the term hypothesis as a
proposition, condition or principle which is assumed perhaps without belief, in order to draw

39
Ibid
40
Hypothesis: An essential tool for research, available at people.du.ac.in/~pkdas/RM/rm-3.pdf, last visited on
2
nd
September, 2013
41
Supra 33, p. 156
42
Ibid
43
Ibid
16

out its logical consequences and by this method to test its accord with facts which are known
or may be defined.
44

Cohen and Nagel say, We cannot take a single step forward in any inquiry unless we begin
with a suggested explanation or solution of the difficulty which originated it. Such tentative
explanations are suggested to us by something in the subject matter and by our previous
knowledge. When they are formulated as propositions, they are called hypothesis.
45

Hypothesis, thus means, a tentative solution to the problem reposed that can be tested through
scientific methods that relates the independent and dependent variables.
Importance of Hypothesis
It is a temporary solution of a problem concerning with some truth which enables an
investigator to start his research work.
It offers a basis in establishing the specificity what to study and may provide possible
solutions to the problem.
It provides the investigator with definite statement that may be tested objectively and
accepted or rejected.
It focuses on research: Without it, research is unfocussed and remains like a random
empirical wandering. It serves as a necessary link between theory and practice.
According to Good, hypothesis serves the important function of linking together the
related facts and information and organising them into whole.
According to Young, the use of hypothesis prevents a blind search or research and
saves the researchers from gathering of masses of data which may later prove
irrelevant to study.
46

Hypothesis of the present research project
Reprography has an impact on the rights of authors. Continued misuse of reprography will
lead to piracy and would serve as a detriment to copyright law. Hence, a system of collective
management of copyright as also authorities that can help in payment of royalty to the
authors should be established so that the authors are further encouraged to disseminate their
knowledge to a large extent for the benefit of the readers.

44
Supra 28, p. 74
45
Supra 2, p. 96
46
Supra 40
17

CONCEPTS AND VARIABLES
A concept is a cognitive unit of meaning- an abstract idea or a mental symbol sometimes
defined as a unit of knowledge, built from other units which act like concepts
characteristics. The term concept is traced back to 1554-60. Concept means an idea or a
principle related to something abstract. By concept we always mean it with reference to the
theoretical system. It is the idea underlying the general notion. Many rules are expressed in
terms of concepts, and concepts are means of unifying clusters of fact-situations and rules.
Concepts provide the machinery for assigning benefits and burdens.
In the present research project, the following concepts and variables have been referred again
and again:-
a. Reprography- Reprography is the making of copies of a work, by photocopying or
similar means. It means the non manual and non typographic reproduction of tangible
copies on which one perceives a work. Therefore, making of photocopies of articles
of a journal or recording our favourite program for later viewing would constitute
reprography. Therefore, reprography is the art of infringing the rights of authors of
works through means of photocopying, digital scanning, printing and electronic
storage in databases, etc.
b. Copyright- The expression copyright refers to the act which, in respect of literary
and artistic creations, may be made only by author or with his authorization. The act
is the making of copies of the work. The expression authors rights refer to the
creator of the artistic work, its author. It thus underlines the fact, that the author has
certain rights in his creation which only he can exercise, such as the right to prevent
distorted reproduction.
c. Piracy- Piracy is the unauthorized reproduction for sale or use of a copyrighted work
such as a book, lyric, or software.
d. Rights of Authors- Under the Copyright Act, 1957, there are economic as well as
moral rights that are given to the authors. The economic rights of an author include
the right of reproduction, distribution, translation, adaptation of the work as also to
perform the work in public communicate it in public, etc. These rights are contained
in Section 14 of the Copyright Act, 1957.
On the other hand, the moral rights of an author as contained in Section 57 of the
Copyright Act, 1957 include the right to claim authorship and to restrain or claim
18

damages with respect to any distortion, mutilation, modification or other act in
relation to the said work.
e. Remedies Available to the Authors- The Copyright Act, 1957 provides for a list of
remedies that are available to the authors of works. For civil remedies Section 54 of the
Copyright Act, 1957 specifies that only an owner of copyright which includes an
exclusive licensee can file a suit for civil remedies. The civil remedies also include the
interlocutory injunction, permanent injunction, forfeiture of defendants assets,
publication of decisions of the Court and damages. Under the criminal remedies Section
63 of the Act makes it an offence for a person to knowingly infringe or abet the
infringement of: (a) the copyright in a work, or (b) any other right conferred by this Act,
except the right conferred by Section 53A. This section
47
provides that the accused shall
be punishable with an imprisonment for a term which shall not be less than six months
but which may extend to three years with fine which shall not be less than fifty thousand
rupees but which may extend to two lakh rupees. The criminal remedies also include
search and seizure of all copies of work and disposal of infringing copies. As far as the
Administrative remedies are concerned, a copyright office is established for the
purposes of this Act. It is under the immediate control of the Registrar of Copyrights who
acts under the superintendence and direction of the Central Government.
RESEARCH DESIGN
A research design is a research planning of the proposed research project to conduct the
empirical test of the hypothesis or to test the veracity of it. As to which research design or
plan will be suitable for the collection and analysis of the data in an economic, efficient and
selective manner depends upon the problem under the research study. The design is,
therefore, dependent upon the nature of the problem and knowledge of facts pertaining to the
problem. A research design is a guiding force to journey into right direction.
48

According to Pauline V. Young, A research design is a plan of action, a plan for collecting
and analysing the data in an economic, efficient and relevant manner.
NATURE AND KIND OF RESEARCH
The legal research can mainly be divided into two types namely Doctrinal and Non-Doctrinal.

47
Section 63, Ibid
48
Supra 2, p. 105
19

a) Doctrinal Research- This type of research involves analysis of case laws, ordering
and systematizing legal propositions and study of legal institutions, but it also creates law and
its major tool through legal reasoning or rational deductions. This kind of research is carried
on by all the Judges, lawyers and law teachers.
Boomin describes Doctrinal Research as that kind of research that represents a more practical
regulative ideal of how the judicial process ought to be conceived by the judiciary than a
theoretical analysis of its actual structure and functioning.
Typically, a legal scholar undertaking a doctrinal research takes one or more legal
propositions as a starting point and focus of his study. Research then takes place in the law
library, where the legal scholar tries to locate all relevant appellate decisions and all
discussions of his proposition in treatises, texts, encyclopedias and legal periodicals. After
reading and analyzing these materials, the scholar formulates his conclusions and writes up
his study. The report of the study may offer a new formulation of the action in reliance
concept, or occasionally a model statute to replace the concept may be proposed.
49

Justice Cardozo highlights the importance of doctrinal research by saying that a law and
legal principle are not final; they are in the state of making.
50

Prof. S N Jain defined Doctrinal Research as important and providing a major tool for doing
further research and to develop the body of law. This is possible through analytical reasoning,
deduction and logic. He also says that doctrinal research is not the only tool but one of the
methods of legal research.
51

The essential characteristics of doctrinal research are:
52
- (1) the scholar organizes his study
around legal propositions; and (2) appellate court reports and other conventional legal
materials readily accessible in a law library are the principal, if not the sole sources of data
from which the scholars conclusions are drawn. The bulk of legal research is a product of
this approach.
The advantages of doctrinal research are many. Some of them being that it has developed
Administrative Law. Initially Administrative Law was not recognised as an independent

49
Supra 10, p. 32
50
Dr. H.N.Tiwari, Legal Research Methodology, Allahabad Law Agency Publication, First Edn., (Reprint),
2003, Faridabad (Haryana), p. 12
51
Supra 2, p. 39
52
Supra 10, p. 33
20

subject. Earlier it was part of Constitutional Law. It was only in the twentieth century there
arose a need to control administrative authorities and the law for the same and thus it was
developed with the help of legal research. It has developed on the case analysis and for
enhancing the principles of natural justice. Also, Doctrinal Research has helped to develop
Law of Torts on the principles and case laws, etc. Through Doctrinal Research, one is able to
understand and interpret the various provisions of law which cannot be understood without
research. When the question arises as to what course the law should take, the doctrinal
research may provide appropriate guidance and hence it is of informational value. There are
certain concepts which can be developed only with the help of Doctrinal Research.
Apart from the above advantages, the doctrinal research also has some disadvantages.
Disadvantages of Doctrinal Research are
53
that it is based only on legal principles. Thus,
researcher has to be well acquainted with all the legal provisions and principles concerned.
Secondly, as law is intended for society, it operates in society, and therefore, knowledge of
social policy, facts and social value is essential for the researcher. If he lacks in these, his
research cannot be of great value. If he, likewise, fails to test his ideas, presumptions from
other sources, his research will not be of great significance. Further, a doctrinal researcher
faces difficulties in giving concrete shape to his work because too many presumptions may be
drawn from the materials at his disposal. Lastly, the language of law is difficult to understand
and to interpret. If he is not well conversant with the rules of construction and interpretation
the entire idea expressed by him, may be given different and altogether absurd meaning.
b) Non-Doctrinal Research- As opposed to doctrinal research, this type of research is
carried on by collecting or gathering information by first hand study of the subject. It relies
on observation or experience without due regard to any theory or system and hence is also
called experimental type of research. In this type of research, the researcher attempts to
investigate the effect or impact by actual examination or observation of the functioning of
law and legal institutions in the society.
A legal scholar undertaking non-doctrinal research typically takes either some aspect of the
legal decision process, or the people and institutions supposedly regulated by law as the focus
of his study. Because the approach of a legal scholar undertaking this type of research is
much broader and the questions he asks are more numerous, the data necessary to attempt an

53
Supra 49, p. 16
21

answer is not ordinarily available in conventional legal sources. Hence, field work is usually
required for this type of research.
54

This research also concerns with the identification and creating an awareness of the new
problems which need to be tackled through law, conducting empirical research. This kind of
research is not very popular among the researchers especially lawyers and judges. This kind
of research is useful when proof is sought that certain variables affect the other variables in a
certain way. In this process the researcher has to keep control over the variables which affect
the conclusion one way or the other. This research is carried out either by the Interview
Method, Questionnaire Method or Observation Method.
The distinguishing characteristics of non-doctrinal research are
55
:- (a) It lays different and
lesser emphasis upon doctrine; (b) It seeks answers to broader and more numerous questions;
(c) it is not anchored exclusively to appellate reports and other traditional legal sources for its
data; (d) it may involve the use of research perspectives, research designs, conceptual
frameworks, skills and training not peculiar to law-trained personnel; and (e) It has given rise
to the sociological school of jurisprudence.
The present research project is based on the Doctrinal Research as explained above as
also the Descriptive Research with the explicative process which is explained in detail
below.
Descriptive Research involves ascertainment of the state of affairs as it exists at present. The
effort of the researcher is not to prescribe as to what should be the state of affairs and the
nature of law for the time to come because the researcher has no control over the variables
which effect the execution of law.
A Descriptive study describes and interprets what is. It is concerned with conditions or
relationships that exist, opinions that are held, processes that are going on, effects that are
evident and trends that are developing. These studies are designed to obtain pertinent and
precise information concerning the current status of phenomenon, and whenever possible, to
draw valid general conclusions from the fact discovered. They are restricted not only to fact
finding but may often result in the formulation of important principles of knowledge and

54
Supra 10, p. 33
55
Ibid
22

solution of significant problems concerning the local, state, national and international
issues.
56

In this type of research three type of information are collected, i.e., (1) what are we at present
with regard to specific variables under study; (2) what is our understanding vis--vis
established norms, or what experts consider to be desirable and what is our position in
relation to others; (3) how can we achieve goals by exploring possible ways and means.
Descriptive studies give insights to evolve strategies for the solution of the problem.
Explicative process of research is one which tries to ascertain the nature, scope and source
of law in order to explain what law is and also to spell out the several propositions, parts and
facts of law and legal system. Research in this category aims at expounding the logical
coherence of concepts, elements, facts of legal phenomenon individually, their relationship
inter se and also their relationship outside the legal system. It is a process directed to
explanation of an existing law. It includes describing an Article/Section, doctrine, concept,
theory, Provision or the Act.
The present research is a Doctrinal Research. It also involves an explicative descriptive
type of research. It is doctrinal because it is based on a legal proposition concerning the
problem of reprography and its impact on the authors of works and the data has been
collected from law libraries as well as books, websites, journals, etc. It is an explicative
descriptive research as it explains the concept of reprography more clearly and also provides
an insight to what is the present position of reprography in India as compared to United States
and possible solutions that can be stated.
SOURCES OF DATA
Research data means data in the form of facts, observations, images, computer program
results, recordings, measurements or experiences on which an argument, theory, test or
hypothesis, or another research output is based.
A research is based upon various types of Information. It is not possible to conduct and
complete a research without obtaining and considering different kinds of information. The
more reliable and valid a source of information is the more reliable are the conclusions.
Different types of researchers require different types of information. For data to be useful, our

56
Supra 33, p. 382
23

observations need to be organized so that we can get some patterns and come to logical
conclusions.
For Doctrinal Research, there are the following sources of data:-
a) Primary Data- The Primary Sources of Law are those authoritative records of law which
are made by law-making bodies. These records include
57
:
(i) Constitution of the Country- For Example, The Constitution of India is a primary source
of data since it has come from the Constitutional Assembly and all the Acts and Statutes that
are enacted, they should be in accordance with the Constitution, and hence will be held
constitutional.
(ii) The Legislation or Statutes made by the Parliament or State Legislatures
(iii) The rules, regulations, orders and by-laws of those bodies to whom Parliament or
State Legislature has delegated authority.
(iv) The authoritative reports of the decisions of the Courts, i.e., case law- The legal
practitioner, judge, researcher of law has to involve in search of law to be applied to a case in
hand because no lawyer knows more than a relatively infinitesimal part of the law, nor does
any judge. But they have to know how to find law and where to find law.
(v) Administrative proceedings or decisions or orders issued by administrative agencies,
who are authorised to do so.
(vi) Codifications- it means promulgation, compilation and systematization of the body of
law in a coherent form by an authority in a State competent to do so. In India, there are codes
of Manu, Yajnavalkya, Brihaspati, Narada, etc. In modern times, the Indian Law Commission
has drafted a number of Codes such as Indian Penal Code, Civil Procedure Code, etc.
(vii) Executive orders and proclamations and treaties and protocols and compacts
between countries.
b) Secondary Data- It is also called Documentary Source of Data Collection. Such data can
be obtained from Libraries or from the Internet. These include the Text Books of law as well
as the Websites, Articles, Specialised Law Reports, Academic Law Journals, Law Libraries,
etc. referred for collecting data.

57
Supra 2, p. 141
24

However, the secondary sources of data do not have as much authority as the primary sources
of data have, therefore the quality of doctrinal research depends upon the material which the
researcher has selected for the study.
The Non-Doctrinal Research, the Primary Sources of data is the data collected from the
field. The method for collecting primary data are:-
(i) Interview Method
(ii) Questionnaire Method
(iii) Observation Method
Secondary Sources of data collected include:-
(i) Books
(ii) Journals
(iii) Acts passed by Parliament
(iv) Published or unpublished materials (such as Census Reports, Reports of Governmental
and/or Non-Governmental Agencies, etc.)
The present doctrinal research involves the Primary as well as Secondary Sources of Data
wherein Primary Sources include The Copyright Act, 1957, The Copyright (Amendment)
Act, 2012, US Copyright Act, 1976, The United States Code, 1976, and Secondary Sources
comprise of the data collected from the Library with the help of Books, Articles, Journals and
Websites.
CHAPTERIZATION
The proposed research work has the following chapters:-
I ntroduction- The researcher has introduced the topic and highlighted the reasons for
its existence.
Research Methodology- Researcher has given the Research Methodology followed in
the research.
Chapter 1: Meaning and Concept of Copyright and Reprography talks about the
meaning of copyright, its history, what exactly is meant by reprography and the
relationship between copyright and reprography. According to Article 9 of the Berne
Convention, the author of a literary or artistic work has the exclusive right of
authorising or prohibiting the reproduction of his work in any manner or form.
25

Reproduction, or copying, takes place in many different forms, such as printing,
photocopying, scanning, digital copying (for instance on CDs and DVDs), electronic
storage in databases.
Paragraph (2) of Article 9, however, empowers national copyright laws to permit the
reproduction of works in certain special cases, subject to two conditions:

- the permitted reproduction must not conflict with the normal exploitation of the work;
- the reproduction must not unreasonably prejudice the legitimate interests of the author.
Chapter 2: Reprography under I ndian Copyright Law, talks about the economic and
moral rights of the author under the Act, the doctrine of fair dealing and permitted
acts and also the effect on internet on reprography.
Chapter 3: Remedies Available under the Act, talks about all possible remedies
available to the author under the Copyright Act, 1957 which include the civil actions,
criminal proceedings, administrative actions and collective management of copyright.
Chapter 4: Reprography and Copyright in the I nternational Perspective- A
Comparative Study, talks about the various treaties and conventions relating to
reprography and also about the economic and moral rights of the author in the United
States. According to section 106(1) of the US Copyright Act, 1976, the reproduction
right consists of the exclusive right to reproduce the copyrighted work in copies.
Copies consist of material objects in which the work is fixed. The use of the phrase
material object means the work, which is encompassed in the reproduction right.
There may be copying in the generic sense that does not result in any such material
object. Such a copying may infringe one of the other rights accorded to the copyright
owner, but it is not an infringement of the reproduction right. For example, the
performance right is not infringed unless the defendants performance is copied from
the plaintiffs work, but even with such copying, the performance per se does not
result in the reproduction of the plaintiffs work in material objects.
58

Chapter 5: J udicial Pronouncements with respect to Copyright and Reprography,
talks about various laws and legislations on infringement of copyright, the test of
originality, the meaning of reprography in the International as well as Indian Law. It
also states the latest and ongoing cases on reprography. In the recent case of Oxford

58
Melville B. Nimmer, David Nimmer, Copyright, Lexis Nexis Publication, 2010, Ist Indian Reprint, New
Delhi, Para 8.02(A)
26

University Press & Ors. v. Rameshwari Photocopy Service & Anr.
59
The Oxford
University Press, Cambridge University Press and Taylor & Francis have filed a suit
against Rameshwari Photocopy Service, a photocopy shop located in the Delhi School
of Economics for copyright infringement and creating illegal, pirated versions of
books. The main contention of the authors and publishers being that academic books
involve a high-cost of production, both on part of the publisher and the author who
often spend years of research before a book is published. It cant be denied that mass
photocopies would certainly impact their revenues in a negative way and they would
want to protect that.

MAJOR FINDINGS
Piracy in the form of mass photocopying of books is largely prevalent in India, especially in
and around educational institutions. Students borrow books from libraries and then get these
photocopied from the photocopier kept at the institution where from the books are borrowed.
It is clear then that without some means of reducing the costs of books, piracy will continue
apace, and education will continue to be hobbled. Reforms to Indias Copyright Act may
succeed in this respect where global attempts have failed.
There are about 35 Reprographic Rights Organisations (RROs) around the world who are
members of International Federation of Reproduction Rights Organisation (IFRRO).
60
All
types of RROs have been able to achieve substantial earnings, to benefit of authors and
publishers around the world. Establishment of an RRO provides an important support
mechanism for the implementation of national copyright legislation and increase the earnings
of copyright holders thus encouraging and supporting their creative output.
In India, there is no official report giving the extent and kind of photocopying activity taking
place outside in the open market place, data is often not readily available to help in estimating
the extent of photocopying. In fact, an accurate quantitative estimate of photocopying of
copyright material cannot be made for several reasons:
a) Not all copied material is copyrighted being in public domain.

59
CS(OS) No. 2439 of 2012
60
IFRRO links national RROs (members as well as national and international associations of right owners).
IFRRO has three primary purposes: (1) to foster the creation of RROs worldwide, (2) to facilitate formal and
informal agreements between RROs, authors, etc. (3) to increase public and institutional awareness of
copyright and role of RROs.
27

b) There are thousands of copying machines in universities, colleges, public libraries,
schools of all kinds, etc.
c) The logistics of getting a count on every copy made by every copy machine is
beyond human ability.
CONCLUSION
Here the researcher concludes the problem of reprography. The researcher hereby in this
chapter states that various kinds of piracy are revealed against the publishers by copying the
original works without any labour or investment. The pirate never publishes a new book, he
does nothing, never pays royalties to the authors, to the translators, to the illustrators or to the
composers, etc. who have contributed to the original work but these costs are borne by
original publishers. The publishers supply qualitative books but quality of pirated edition is
often very poor, hence the readers fail entirely to have literary value of the books. The pirates
makes no payment to the original publishers in relation to the editorial or distribution cost so
the economic bases of the publishers is reduced and his capacity to support creativity is lost.
SUGGESTIONS
The researcher suggests that there should be a strict copyright payment. It is generally
assumed that copyright payments are made based on sales of journal subscriptions. Another
possible copyright mechanism would include additional payments for each photocopy of
copyrighted material, ignoring for the moment the monitoring and transaction costs. Such a
system would appear to take the form of strict adherence to present copyright law with no
doctrine of fair dealing.
Secondly, the researcher suggests a system of compulsory licensing of photocopy machines.
Under this system owners, or renters, of photocopy machines would pay a yearly fee into a
fund to be distributed among copyright holders of intellectual property. Payment under this
mode would enable users of these machines to make photocopies without further concern
about copyright violations.
Thirdly, the researcher suggests allowing price discrimination. Price discrimination occurs
when firms charge different prices for the same item to different individuals. Publishers now
charge libraries higher prices for journal subscriptions than individuals are charged. This has
28

been perceived as increasing revenue to publishers before it, surprisingly, has not been
perceived as a method for handling the copyright problem.
CONTRIBUTION OF THE STUDY
The study contributes in a manner to make the people in the society aware about the problem
of reprography and its adverse impact on the rights of authors and also provides solutions in
terms of compulsory licensing of photocopy machines, etc. as means of ensuring payment of
royalty thereby encouraging the authors for their future works.
TIME LIMIT
The time limit for the proposed research work is approximately one month.















29

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th
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30

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