S. APARNA , SASTRA Deemed University
ABSTRACT
In this research, the issue of inadequate ‘access to knowledge’ in an attempt to balance the rights of copyright owners and access to knowledge, integral to right to education, is discussed. Instances where the copyright of different disciplines such as entertainment and legal database, is not in the interest of access to knowledge is quoted. Principally, this research emphasises the loopholes and lacunae in the Indian copyright law with respect to ‘access to knowledge’ and necessitates the need for it to be addressed in order to extract the intended benefit out of the legislation and ensure that the benefit is availed by even the common man. Only when, the sector of the Indian population who are in the poor economic position, are able to exercise their fundamental right to education in its full capacity, will the benefit of this law be achieved, because copyright law is developed to promote progress and dissemination of knowledge. Recognising that access to knowledge is a fundamental factor to exercise one’s right to education is exigent.
Notably, due to the pandemic, education has predominantly shifted to online mode and it is beyond doubt that elements of online education will still majorly prevail even when the pandemic is over. Thus, online materials and online databases has become an indispensable tool in the course of instruction in educational institutions, thereby requiring open access to such online materials and online databases.
Keywords: Right to education ,Access to knowledge, Course of instruction, DU photocopying case, Cambridge university press case, Alberta case, fair dealing, Longman group ltd. case, legal database.
