Whether Permanent Injunction Should Be Granted

* Whether permanent injunction should be granted for alleged commercial use of literary work? * It is humbly contended before this hon’ble court that use of the copyrighted work under copyright law was not for commercial purpose as the use was plainly a “fair use” which is an exception under section 52 of Copyright Act, 1957, and that the present suit as filled by the plaintiffs is the abuse of the process of law and as such liable to be dismissed with exemplary cost. * That the present suit for infringement of copyright is not maintainable as plaintiffs have completely failed to disclose the essential ingredients of the copyright. i) That essential ingredient of section 52 of Copyright Act, 1957 is dealing with “Fair use” i.e it allows for portions or in some cases the entirety, of copyrighted works to be used for purposes such as "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." * That teaching which is covered under educational uses in the Copyright Act of India can be found both in provisions dealing with statutory licenses as well as in the fair dealing provisions. As is ordinarily the case, the 'four fairness' factors must also be considered: the purpose, character, and amount of the dealing; the existence of any alternatives to the dealing; the nature of the work; and the effect of the dealing on the work * That the Madras University (hereinafter referred as Defendant) which is prescribing syllabus for several curriculum offered by it in relation to specific courses carried out in the said University permit students to copy limited pages from any work for use in research and for use in the classroom by a student or a teacher, as this is recognized by the Copyright act, 1957 in Section 52 (a) and (i). The students may read the prescribed books in the library or else borrow the books and make photocopy of the relevant chapter and pages in a manner which is