Facts of the Case

Mr. A Photocopy Services has a shop licensed to it within the precincts of the
University of Kashmir. Teachers of University of Kashmir imparting teaching in the
University had authorised preparation of course packs and Mr. A Photocopy
Services was entrusted with the task of photocopying the pages from the books
published by the plaintiffs and after binding the same, to supply them to the
students charging 50 paisa per page. Three publishers from Srinagar namely the
Zum Zum Printers, Piyara Printing Press and Anil Publications filed a suit before
the District Court, Srinagar in May 2017 for permanent injunction against the
University of Kashmir and Mr. A Photocopy Services alleging them of infringing
their rights under the Copyright Act, 1957. They claimed that defendants copied
excerpts from the books published by them and compiled them to make study
materials and course packs for the students.
The Kashmir University Students Union (KUSU), in 2018 approached the court as a
‘necessary party’ to the suit. They contended that the study packs were an
effective measure to attain equitable education for all. Another association called
the Association for the Equitable Access to Knowledge (AEAK) comprising of
academicians from various disciplines also approached the court as “necessary
party’. Their application was also allowed by the Court.

Frame the issues and argue accordingly on behalf of both plaintiffs and
defendants.