In India, inter-disciplinary social science research, a neglected concern, has immense potential for contributing towards development. However, the quality of research generated is impacted by limited access to highly-priced databases which compile digitised information in research libraries. A copyright compulsory licence for these databases could ease availability of information and provide a medium for the spread of ideas.
Inter-disciplinary social science research in India presents opportunities for analysis and forecasting reactions of sections of people to initiatives pertaining to the financial development of the country. However India, the scale at which inter-disciplinary social science research is bolstered, developed and utilised presents significant scope for improvement. The research generated in an academic institution is an indicator of its excellence. The process of generating a usable research output depends on access to information. Unfortunately, this information comes at a high cost which even at subsidised levels, is still inaccessible to many. JSTOR allows not-for-profit initiatives access to the JSTOR archives at an Archive Capital Fee of $5,000 and an Annual Access Fee of $2,000 through its Developing Nation Access Initiative. This is one of the reasons for young Indians to go abroad to study. However, it is known and understood that universities abroad receive large funds from their governments in order to garner its development and actual application through the use of incubators etc.
Being entitled to possessing an opinion, developing a hypothesis, perusing the resources available and disseminating the results of a research-exercise should not be expensive to the extent it impedes access unless a researcher is tied to an institution. The quality of social science research in India is severely affected by its access to information in highly-priced databases. The compulsory-license regime can be extended to according access to the databases to remedy duplication of research, understand the application of social-science research tools, inculcate an appreciation for research ethics, and to improve the quality of the contributions by adequately citing prior literature on the subject.
As per the provisions of the Copyright Act, 1957, a compulsory licence in copyright in India is grantable to works of Indian origin, for the isolated ground that the circulation of the work has been withheld from the public. The Copyright (Amendment) Bill, 2010 introduced a framework for granting of a compulsory licence to a Foreign Work under this provision if the negotiation for a voluntary licence fails. It may be possible to assert that access to Foreign Work is being withheld from the public owing to the exorbitant access fees.
India granting its first compulsory license proclaims a new era and a movement to increase the access of highly priced commodities fenced by the intellectual property protection regime to the common man. Undoubtedly, we will witness multiple compulsory license claims pertaining to the increasing the availability of medicine. The hope is that this trend should eventually broaden and encompass claims to increasing the availability of research resources through reasonably priced databases to a student.
