Education is a basic necessity for every individual in order to respectfully survive in a society. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine the Right of Children to Free and Compulsory Education (RTE) Act, 2009. Sections 52(1) (g), (h) and (i) of Copyright Act, 1957 deal with education in particular and as such, policymakers in India who are interested in ensuring the greatest possible exceptions for educational access should assess whether sections 52(1)(g), (h), (i) and (p) as they stand at the moment, are adequate for supporting the country’s educational policy goals. The fair dealings exception for education should be both amply flexible to cover digital and distance education by minimizing the restrictions.
The Firm has advised on all aspects of the structuring and operation of transactions, as well as represented clients in the education space on dispute resolution.