Legal Question in Intellectual Property in India

Summarizing a Book is Illegal ???

I intend to sell sell 5-6 page summaries of international best seller books in India.Is it illegal? Do I need to take permission from publisher/author? Do I need to pay charges to the publisher? Is it to be treated as royalty ?

If I include a critical review as well and provide a rating for the book too, will it then be treated as a ''book review'' and thereby be exempt from copyright infringement even if permission is not taken? Eagerly awaiting response.


Asked on 3/10/05, 7:54 am

3 Answers from Attorneys

Sarosh Bastawala ADVOCATE - SUPREME COURT OF INDIA

Re: Summarizing a Book is Illegal ???

The summarization of any literary work is not illegal, provided the use of Original Intelect reflects is the summarization to make a condenced version of the Literary Work avaialable, with all due acknowledgement to the original source.

There would be no need of any authorization or royality payment to the original copyright holder in this matter.

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Answered on 3/11/05, 1:09 am
Raja Selvam Selvam & Selvam, Advocates & Consultants

Re: Summarizing a Book is Illegal ???

Sir,

it depends on what exactly you have written. If it is a review then no need for permission or else we have to pay royalty and other charges. If you need further clarifications call us

regards,

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Answered on 3/10/05, 8:04 am
SATISH MURTI MURTI AND MURTI

Re: Summarizing a Book is Illegal ???

Summarizing a book in your own words along with a book review and a rating could be deemed to fair dealing in the work and may not attract the provisions of the Copyright Act in relation to infringement. Be sure not to use any verbiage from the book..Use your own language and convey the summary in your own words without using any of the words used by the Author of the work... Coyright is only on the expression and not the central theme or idea..

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Answered on 3/14/05, 11:12 pm


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