The Imperative for Copyright Reform in India's Higher Education Landscape
India's higher education sector, home to over 1,300 universities and serving millions of students, grapples with significant barriers in accessing research publications, particularly for visually impaired (VI) students and researchers. The Copyright Act, 1957, as amended, provides some exceptions, but rigid interpretations and implementation gaps hinder equitable access. Recent discussions, especially around the ongoing India AI Impact Summit in New Delhi, underscore the need for balanced reforms to foster innovation without compromising creators' rights.
Visually impaired individuals, estimated at 5 to 15 million in India, face a 'book famine' where less than 1% of global publications are available in accessible formats like Braille, DAISY audio, or large print. In higher education, where gross enrollment ratio (GER) stands at around 26.3%, only a fraction of the 37.4 million students are VI, with representation below 0.23% among disabled students, largely due to inaccessible materials.
Marrakesh Treaty: India's Ratification and Implementation Challenges
The World Intellectual Property Organization (WIPO) Marrakesh Treaty, adopted in 2013 and signed by India in 2014, mandates exceptions allowing authorized entities—such as universities and libraries—to create and share accessible copies of publications across borders without permission. India ratified it swiftly, leveraging the 2012 Copyright Amendment that introduced Section 52(1)(zb), permitting 'fair dealing' for disabled persons to convert works into accessible formats for private or commercial use by non-profits.
Despite this alignment, practical hurdles persist. Universities report delays in permissions from publishers, even for permitted exceptions, and lack of awareness among faculty. For instance, IIT Delhi's Central Library subscribes to accessible resources, but scaling remains uneven across state universities. Reforms could streamline this by clarifying 'authorized entities' to include all higher education institutions (HEIs).
Section 52 Exceptions: Strengths and Gaps for Research and VI Access
Section 52 of the Copyright Act outlines 'fair dealing' for purposes like research, criticism, and education. Sub-section (1)(zb) specifically allows reproduction for visually impaired persons (VIPs), defined as those with 40% or more visual impairment, to make Braille or similar copies. However, it requires non-profit intent and limits commercial distribution, creating ambiguities for university presses or digital sharing.
- Step 1: Identify need for accessible format.
- Step 2: Obtain work legally (purchase or library access).
- Step 3: Convert using tools like OCR scanners or DAISY software.
- Step 4: Distribute only to eligible VIPs via secure platforms.
This process, while legal, is cumbersome for cash-strapped colleges. Broader fair use, like the US model, could empower researchers to analyze publications for studies without fear of infringement suits.
Initiatives Like Sugamya Pustakalay: Bridging the Gap in Universities
Sugamya Pustakalay, launched in 2016 by the National Institute for Empowerment of Persons with Visual Disabilities (NIEPVD), TCS, and DAISY Forum of India, hosts over 1 million accessible books, including textbooks and research papers. Integrated into libraries at IISER Pune, IIT Delhi, and others, it requires VI certification for access, ensuring compliance.
Universities like IIT Madras use it alongside local scanning centers, but coverage of latest research journals lags. A study on VI students in Delhi universities found 70% rely on peer notes or delayed conversions, impacting grades and research output. For those pursuing research jobs or postdoc positions, timely access is crucial.
Enrollment and Barriers for VI Students in Indian Higher Education
Despite RPWD Act 2016 mandating 5% reservation, VI enrollment remains low. UDISE+ 2024-25 data shows incremental CWSN (Children with Special Needs) growth, but VI students face infrastructural issues: non-digital curricula, inaccessible PDFs, and exam accommodations. A 2025 study highlighted 70% barriers in HEIs, including limited AT like screen readers.
In Tamil Nadu, inclusive education pushes exist, but copyright limits self-conversion of course packs. Reforms could mandate publishers provide born-accessible formats, easing burden on Indian universities.
Research Publication Access: Fair Dealing Limitations Exposed
Indian researchers produce 3rd highest global publications, but access costs soar. Section 52(1)(i) allows 'fair dealing' for research, yet courts apply a strict three-step test (purpose, amount, effect), unlike open fair use. For VI researchers, combining exceptions is tricky, stalling text/data mining (TDM) for AI-aided analysis.
ONOS (One Nation One Subscription), rolled out in 2025, provides pan-India access to 30,000+ journals via a Rs 6,000 crore scheme, boosting equity. Yet, it doesn't address exceptions for non-subscribed works or cross-border sharing, vital for interdisciplinary research.Learn more on ONOS
Stakeholder Views: Disability Advocates vs. Publishers
DAISY Forum pushes for mandatory exceptions enforcement, citing Marrakesh successes in Brazil (10x accessible books). Publishers like Wiley argue commercial harm, but data shows minimal impact—VIP market tiny. Universities seek clarity via guidelines from DPIIT.
Experts like Pranesh Prakash advocate reverting to limited terms, promoting open access. For career aspirants, check academic CV tips.
Global Lessons: Flexible Exceptions Driving Innovation
EU's TDM exception, Japan's non-enjoyment clause, Singapore's innovation-friendly laws enable AI research. US fair use covers transformative VI tools like Kindle read-aloud. India could adopt a 'purpose test' distinguishing data analysis from consumption.
- Benefits: Boosts research output, aids VI inclusion.
- Risks: Potential overreach if undefined.
2026 Reform Momentum: AI Summit and Beyond
The Hindu's February 19, 2026, op-ed calls for action at the AI Summit, highlighting rigid laws blocking VI read-alouds and AI training. Proposals: Broaden Section 52, ratify digital single market directives, fund AT in HEIs.
Union Budget 2026 allocated for research clusters; tying to copyright reform could elevate India's global standing.
Photo by Onkarphoto on Unsplash
Future Outlook: Empowering VI Researchers and Productivity
Reforms promise 2-3x accessible content growth, enhancing VI graduation rates and publications. Universities could lead via open repositories. Explore professor ratings or higher ed jobs for opportunities. Balanced laws position India as AI-research hub.
Stakeholders urge parliamentary committee review. For advice, visit higher ed career advice.
