Indian copyright act and video lending libraries
I live in Kerala, a south indian state which boasts very high literacy rate. But intellectual property rights is not a big issue here. It is quite common for people to pirate software, movies and music.
Then came Rishiraj Singh. He is a senior inspector general (IG) in Kerala police and is known as a tough officer. So when he was put in charge of the anti-piracy cell it was natural that things would turn ugly.
Rishiraj singh started raiding CD/DVD shops frquently and lot of fake/pirated CDs were destroyed. But he then took it too far. He had sent notices to police offers saying that all video lending libraries are illegal! CD/DVD lending library owners filed a petition in the Kerala high court and high court ruled that lending libraries can operate as per law. But the matter is not yet closed and the whole issue is a hot debate in Kerala.
Copyright law is intended to protect innovation. It ensures that somebody’s hardwork is not stolen and sold. Obviously lending videos is a completely different issue. If we apply the same law to books, all existing book libraries will have to be closed!
I did a quick look at the Indian copyright act (1957). Now here is a paragraph from the act.
51.When copyright infringed:- Copyright in a work shall be deemed to be infringed —
b) when any person —
(i) make for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
This statement indicates that video lending libraries (and book libraries) are illegal if we strictly apply the law. But again, if we apply Indian law strictly, atleast 90% of the population will be in jails 
But there is some reference to book library in the law.
The following acts shall not constitute an infringement of copyright, namely…
(o) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such books is not available for sale in India;
I think an amendment is required to clearly provide an exemption to libraries(video and books). It is pretty obvious that if someone likes a movie or an audio album, he will buy it rather than take it on rent frequently! I don’t think libraries will have any impact on the revenue streams available to copyright owners.
