Legal issues related to libraries: a study of cases filed in Indian courts
| DOI | https://doi.org/10.1108/GKMC-06-2018-0056 |
| Published date | 04 February 2019 |
| Pages | 76-92 |
| Date | 04 February 2019 |
| Author | Hiral Patel,Anilkumar Hanumappa |
| Subject Matter | Library & information science,Information behaviour & retrieval,Information in society,Information literacy,Library & information services |
Legal issues related to libraries:
a study of cases filed in
Indian courts
Hiral Patel and Anilkumar Hanumappa
Indian Institute of Management Ahmedabad, Ahmedabad, India
Abstract
Purpose –The purposeof this paper is to identify various legal issues that affectlibraries in India.
Design/methodology/approach –The method adopted in this study was to identify and analyze all
cases filed in the Indian Supreme Court, High Courts and Tribunals and Commissions and reported in the
Westlaw Indiadatabase for the 10-year period from 2008 to2017.
Findings –Among the identified cases that were related to libraries or library professionals, a large
majority of them were issues related to service or employment such as pay scales, promotion, age of
superannuation and service termination.There were very few cases related to library work, such as library
access, servicesprovided and copyright.
Research limitations/implications –The current study is based on study of cases that have been
reported and mentioned in WestlawIndia Legal Database and occurring during the limited period from 2008
to 2017. The implications of the study are manifold, with the main implication being the urgent need to
introduce basic legal education and training to library professionals. The other implication is the need to
further research in this domain due to lack of sufficient studies on the topic and enrich the library and
informationscience (LIS) literature.
Originality/value –This studywould not only help create awareness about legal issuesrelated to libraries
and library professionals but alsohelp in understanding the main areas of litigation involving libraries and
library professionals. The study also makes a case for introduction of basic legal education for LIS
professionals. The paper adopts a novel research approach that can be replicated by researchers in other
countriesto enable international comparisons.
Keywords India, Librarianship, Law, Court cases, Legal aspects of librarianship,
Legal issues of libraries
Paper type Research paper
Introduction
The Delhi University Copyright Case (Jain, 2016) is one of the most important cases for all
Indian educational institutes in recent times. The case brought to forth the differences in
opinion on “fair dealing”in the context of educational purpose (Udale-Smith, 2012). The
implications of this casehave already been felt by educational institutesand libraries across
the country. The case in discussion pertains to the one which had been filed by the major
academic publishers Oxford University Press, Cambridge University Pressand Taylor and
Francis Group against Rameshwari Photocopy Services, the officially permitted photocopy
shop on the Delhi University campus (Gohain,2013). As a fall out of this development that
was reported extensively in the Indian press, libraries of many educational institutions
introduced restrictions on photocopying services. In fact, the Jawaharlal Nehru University
library, one of the top universitiesin India, decided that only 1/3 portion of a book could be
photocopied leading to protests by the student union of that university as the students felt
that libraries lacked sufficientnumber of books suggested by the teachers and they were not
affordable (DeccanHerald, 2013).
GKMC
68,1/2
76
Received18 June 2018
Revised30 July 2018
4 September2018
6 October2018
Accepted10 October 2018
GlobalKnowledge, Memory and
Communication
Vol.68 No. 1/2, 2019
pp. 76-92
© Emerald Publishing Limited
2514-9342
DOI 10.1108/GKMC-06-2018-0056
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/2514-9342.htm
Though the judgement of this case indicated the validity of photocopying and
distribution of course packs for educational purposes (Mittal and Singh, 2016), it has not
only forced libraries and library professionals to start thinking of copyright violations
seriously but also highlighted the fact that legal knowledge and an understanding of the
provisions of law of the land is necessary. It is likely that in India many libraries may be
providing services to their users without adequate knowledge of legal provisions and legal
issues involved. It is also likely that library users consuming this service may not have
sufficient knowledge of legal provisionsof the law of the land and probably violate the law,
intentionally or unintentionally.
This situation leads us to ask the larger question as to whether library professionals in
India are aware of the various legal issues that can arise while working in libraries. In the
daily working life of library professionals, there are sufficient instances when one may
violate/infringe law, knowingly and unknowingly. Such cases include deducting or not
deducting Tax Deduction at Source when subscribing to Online databases or while
purchasing software from vendors who have/do not have Permanent Account Number,
applicability of Goods Service Tax in monetary library transactions, liability of library
resources and liability of providing information, service/HR issues, privacy precaution for
library data, violating licenseagreement/contract and many more. The variety and number
of such instances require libraryprofessionals to acquire education and expertise to address
similar issues thathave legal implications.
To avoid any type of infringement or violation of law or legal provision made for in the
Indian Legal System, library professionals should have the sufficient and necessary legal
knowledge concerning libraries. It may also be useful to be aware of legal cases related to
libraries which are filed in the Indian courts. With the adequate knowledge of legal
provisions and legal cases, library professionals can manage the library effectively and
efficiently within the ambit of law. As per American Library Association’s Core
Competences of Librarianship –“A person graduating from an ALA-accredited master’s
program in library and informationstudies should know about the legal framework within
which libraries and information agencies operate American Library Association (2009).
That framework includes laws relating to copyright, privacy, freedom of expression, equal
rights (e.g. the Americans with Disabilities Act), and intellectual property.”It is in this
context that the present study attempts to explore the occurrence of legal cases in India
related to libraries.
Research questions
The purpose of this study is to identify the legal cases in which library professionals or
libraries have been directly or indirectly involved in India. The following questions give
focus to this study:
RQ1. How many cases that have been reported in the Indian Legal Databases during
the ten years (2008-2017) have the involvement of library professionals or
libraries, directlyor indirectly?
RQ2. Which are the Indian courts that have been addressing legal issues related to
libraries or library professionalsin the ten-year period: 2008-2017?
RQ3. What are the main issues of litigation that are related to libraries and library
professionals and have been reported in the Indian legal databases during the
ten-year period: 2008-2017?
Legal issues
related to
libraries
77
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