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Can coaching centres be sued for taking study material from newspapers
02-May-2023 (In Trademark & Copyright Law)
Many coaching centres copy other coaching's study material. Why don't they get sued? And in the practice material of English for various competitive exams, newspaper articles are used. Why can't the newspaper sue them? (I don't think any coaching institute ask the newspapers for their permission as they work on 100s of articles from dozens of publications). More details: We're working to start a coaching institute for CLAT preparation. Some part of our study material may contain content from other coaching centres. Can they sue us, what can we do to avoid this? As you knows, CLAT has some "Reading comprehension" question where a passage is given and based on that soem questions are asked. Generally, the passage for reading comprehension is taken from Newspapers, journals, magazines, research papers etc. Is it a copyright infringement?
Those thing which are in the public domain we can use it and news papers are giving whats the current situation of the society of you published any private persons Artical without his permission then it will be illegal and yes you can use those questions which are Gernal like used by all the coching centers
Thank you
A. F. Faizi
Thank you
A. F. Faizi
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Adv. Ahmad Fuad Faizi
Delhi | 25+ Answers
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How do I start coaching students?
The first step is to choose the type of exam you wish to prepare students for. Ex - jee, IAS etc. If youre not a teacher, the next step is to hire teachers and begin teaching. In the first years, keep your fee low.
Is tuition legal in India?
The RTE Act 2009, section 28, states that no teacher shall engage in private tuition or teaching activities. This bans all teachers. The Act only applies to government teachers. Private tuition is a problem that affects Indian education and needs to be addressed.
How do I start a coaching center at home?
Firstly, decide your user element.
Make sure you choose the right study material and topics.
Choose your ideal location.
Recruitment of qualified teaching staff.
Marketing and advertising your coaching class.
Register your coaching institution.
What is the role of coaching classes?
Students are guided to identify their weak areas and work hard to improve them. They also encourage the students by highlighting positive aspects of their character during exam preparation. 28-Mar-2023
Yes, the coaching centres can definitely sue for copyright infringement. The solution is to approach the coaching centres whose material you may use and seek a paid license to use their copyrighted work.
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Adv. Vineesh Kedaram
Delhi | 25+ Answers
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Yes. The other coaching centres may sue you for the copyright violation. The fact that the newspapers do not sue, does not mean that they cannot sue. Also, sometimes the copyrighted materials are part of fair use which is exempted from infringement. It depends upon case to case basis.
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Adv. Vivek Ranjan
Delhi | 25+ Answers
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Hi!
You're correct to state that these coaching institutes dont have any right to use materials of newspapers, etc. Using someone else's creative content, including newspaper articles is a copyright infringement. But then why do they not get sued?
Well, simply because the newspapers don't care enough. Coaching centres are not their competition, and therefore they dont care. Also, litigation is itself expensive, time consuming,etc. Further, many newspapers wont even know that this is being done.
Anyhow, why dont the newspapers file a case, is at beast an intelligent guess, but yes, they can file a case if they wanted to.
To answer the second part of your query, you can, too, use their materials directly, Or, you can tweak them to some extent. If and when you receive a legal notice from a newspaper, you can discontinue: that's the straight answer. However, there are some legal maneuvers which you can adopt, which I can explain you at length only in person.
You're correct to state that these coaching institutes dont have any right to use materials of newspapers, etc. Using someone else's creative content, including newspaper articles is a copyright infringement. But then why do they not get sued?
Well, simply because the newspapers don't care enough. Coaching centres are not their competition, and therefore they dont care. Also, litigation is itself expensive, time consuming,etc. Further, many newspapers wont even know that this is being done.
Anyhow, why dont the newspapers file a case, is at beast an intelligent guess, but yes, they can file a case if they wanted to.
To answer the second part of your query, you can, too, use their materials directly, Or, you can tweak them to some extent. If and when you receive a legal notice from a newspaper, you can discontinue: that's the straight answer. However, there are some legal maneuvers which you can adopt, which I can explain you at length only in person.
Helpful?
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Adv. Keshav Datta
Delhi | 25+ Answers
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