Copyright and Book Piracy Copyright and Book Piracy in Pakistanin Pakistan

Khalid MahmoodKhalid MahmoodDepartment of Library & Information Science, Department of Library & Information Science,

University of the Punjab, LahoreUniversity of the Punjab, Lahore

Muhammad IlyasMuhammad IlyasDepartment of Library & Information Science, Department of Library & Information Science,

University of Balochistan, QuettaUniversity of Balochistan, Quetta

Copyright DefinedCopyright Defined

Copyright is a legal term describing rights given Copyright is a legal term describing rights given to creators for their literary and artistic works.to creators for their literary and artistic works.

Kinds of works covered by copyright include: Kinds of works covered by copyright include: literary works such as novels, poems, plays, literary works such as novels, poems, plays, reference works, newspapers and computer reference works, newspapers and computer programs; databases; films, musical programs; databases; films, musical compositions, and choreography; artistic works compositions, and choreography; artistic works such as paintings, drawings, photographs and such as paintings, drawings, photographs and sculpture; architecture; and advertisements, sculpture; architecture; and advertisements, maps and technical drawings.maps and technical drawings.

Legal Definition of CopyrightLegal Definition of Copyright

According to According to The Copyright Ordinance, 1962The Copyright Ordinance, 1962

The exclusive rightThe exclusive right– to reproduce the work in any material formto reproduce the work in any material form– to publish the workto publish the work– to perform the work in publicto perform the work in public– to produce, reproduce, perform or publish any to produce, reproduce, perform or publish any

translation of the worktranslation of the work– to broadcast the workto broadcast the work– to make any adaptation of the workto make any adaptation of the work

Book PiracyBook Piracy

Deliberate infringement of copyright on Deliberate infringement of copyright on intellectual property and an absolute intellectual property and an absolute disregard for ownership or authorship of disregard for ownership or authorship of literary worksliterary works

ORORUsing another person’s opinion, ideas or Using another person’s opinion, ideas or works as if they were one’s own and works as if they were one’s own and without making any attempt at without making any attempt at acknowledging their true sourceacknowledging their true source

The Berne ConventionThe Berne Convention

Adopted by an international conference Adopted by an international conference held in 1886 at Berne, Switzerlandheld in 1886 at Berne, Switzerland

88thth amendment in 1979 amendment in 1979

Salient features:Salient features:– National treatmentNational treatment– Preclusion of formalitiesPreclusion of formalities– Minimum terms of protectionMinimum terms of protection– Minimum exclusive rightsMinimum exclusive rights

Universal Copyright ConventionUniversal Copyright Convention

Adopted at Geneva in 1952 and revised at Paris Adopted at Geneva in 1952 and revised at Paris in 1971 in 1971

Main features:Main features:– No more favorable copyright treatment for domestic No more favorable copyright treatment for domestic

authors than the authors of other countriesauthors than the authors of other countries– A formal copyright notice on all copies of a workA formal copyright notice on all copies of a work– Minimum term of copyright is the life of the author Minimum term of copyright is the life of the author

plus 25 yearsplus 25 years– Right of translation for a seven-year period Right of translation for a seven-year period

The Copyright Ordinance, 1962 The Copyright Ordinance, 1962

Salient features:Salient features:– Period of copyright is the life of the author and 50 Period of copyright is the life of the author and 50

years after his deathyears after his death– Registration of copyright is not mandatory but Registration of copyright is not mandatory but

recommendedrecommended– Allows reproduction for ‘Fair Use’ in research, Allows reproduction for ‘Fair Use’ in research,

teaching, private study, criticism, review, news teaching, private study, criticism, review, news reporting, and judicial proceedingreporting, and judicial proceeding

– Provides 3 types of remedies against infringement:Provides 3 types of remedies against infringement:CivilCivilCriminalCriminalAdministrativeAdministrative

Copyright Amendment, 2000Copyright Amendment, 2000

Criminal penalties up to three years Criminal penalties up to three years imprisonment or a fine of Rs.100,000 which are imprisonment or a fine of Rs.100,000 which are doubled for second or subsequent offensesdoubled for second or subsequent offenses

Civil Civil ex parte ex parte search orders (without notice to search orders (without notice to the defendant)the defendant)

Registrar’s authority to prohibit (seize, detain, Registrar’s authority to prohibit (seize, detain, etc.) the export and import of infringing copiesetc.) the export and import of infringing copies

A new right in “typographical arrangement” of a A new right in “typographical arrangement” of a published edition of a workpublished edition of a work

Literature ReviewLiterature Review

Non-cooperative attitude of the government and Non-cooperative attitude of the government and foreign publishers (Mirza, 1983)foreign publishers (Mirza, 1983)High cost of book causes piracy; 80% piracy in High cost of book causes piracy; 80% piracy in textbooks (Haider, 1993)textbooks (Haider, 1993)Piracy gains respectability because it promotes Piracy gains respectability because it promotes reading habits (Haider, 1996)reading habits (Haider, 1996)Copyright laws are clear; No infringement in Copyright laws are clear; No infringement in local books; Piracy due to high prices and non-local books; Piracy due to high prices and non-cooperation from foreign publishers (Sethi, cooperation from foreign publishers (Sethi, 1994)1994)Need to raise public awareness (Mirza, 1992)Need to raise public awareness (Mirza, 1992)

American Views on Book PiracyAmerican Views on Book Piracy

International Intellectual Property Alliance International Intellectual Property Alliance (IIPA) represents 1,300 U.S. companies(IIPA) represents 1,300 U.S. companies

IIPA publishes annual reviews of copyright IIPA publishes annual reviews of copyright piracy of US materials by various countriespiracy of US materials by various countries

During 2004, the estimated total trade loss During 2004, the estimated total trade loss of US book industry amounts to US$603 of US book industry amounts to US$603 millions in 67 selected countriesmillions in 67 selected countries

Trade Loss of US Book Industry Trade Loss of US Book Industry Due to Piracy in PakistanDue to Piracy in Pakistan

Year Loss(in millions of US dollars)

1995 30

1996 30

1997 30

1998 40

1999 42

2000 45

2001 44

2002 44

2003 44

2004 52

IIPA Reviews Piracy in PakistanIIPA Reviews Piracy in PakistanPiracy of computer, business, medical and engineering texts, English Piracy of computer, business, medical and engineering texts, English Language Teaching materials, and reference materialsLanguage Teaching materials, and reference materialsLegitimate importers and booksellers reported a sharp decline in salesLegitimate importers and booksellers reported a sharp decline in salesReprint piracy and commercial photocopying remained major problemsReprint piracy and commercial photocopying remained major problemsEntire books are photocopied and available for sale in stalls and bookstoresEntire books are photocopied and available for sale in stalls and bookstoresTrade bestsellers are pirated in large numbers and available everywhereTrade bestsellers are pirated in large numbers and available everywherePakistan also exports pirated books to India, the Middle East, and even Pakistan also exports pirated books to India, the Middle East, and even AfricaAfricaSome raids are reported but with little effectSome raids are reported but with little effectMaximum fine that a pirate has received from prosecutions was Rs.15,000 Maximum fine that a pirate has received from prosecutions was Rs.15,000 No sentences involving imprisonments were meted outNo sentences involving imprisonments were meted outPakistan is the world’s worst pirate country for published materials (per Pakistan is the world’s worst pirate country for published materials (per capita)capita)Law in Pakistan is not compatible with international conventions and Law in Pakistan is not compatible with international conventions and agreementsagreements

Pakistan’s ResponsePakistan’s Response

Government is ready to take serious stepsGovernment is ready to take serious steps

Pakistan Intellectual Property Rights Pakistan Intellectual Property Rights Organization (PIPRO) was established in Organization (PIPRO) was established in 20042004

A draft Bill for PIPRO Act is ready for A draft Bill for PIPRO Act is ready for presentation to the Parliamentpresentation to the Parliament

PIRPO has powers and functions to PIRPO has powers and functions to protect IPRs in Pakistanprotect IPRs in Pakistan

Objectives of Study Objectives of Study

Find out what international and national Find out what international and national copyright conventions and laws are applicable copyright conventions and laws are applicable in Pakistanin PakistanDetermine the awareness level of publishing Determine the awareness level of publishing industry about copyright lawsindustry about copyright lawsDetermine the causes of book piracy in Determine the causes of book piracy in PakistanPakistanFind out the major beneficiaries of book piracyFind out the major beneficiaries of book piracySuggest measures to be taken against book Suggest measures to be taken against book piracypiracy

MethodologyMethodology

Questionnaire survey of Pakistani publishers, Questionnaire survey of Pakistani publishers, booksellers, importers and exporters of booksbooksellers, importers and exporters of booksThere was no comprehensive directory of book trade in There was no comprehensive directory of book trade in PakistanPakistanOn the basis of some short directories and with the help On the basis of some short directories and with the help of professional librarians the a list of 893 enterprises of professional librarians the a list of 893 enterprises was preparedwas preparedCities covered: Islamabad/Rawalpindi, Lahore, Karachi, Cities covered: Islamabad/Rawalpindi, Lahore, Karachi, Peshawar and QuettaPeshawar and QuettaSimple random sample of 90 respondents Simple random sample of 90 respondents (approximately 10% of the total population)(approximately 10% of the total population)83 responses were analyzed83 responses were analyzed

Causes of Book PiracyCauses of Book PiracyCauses Percent

High price of original edition thus low sale 80

High rate of profit 33

Non-availability of original editions 29

Inclusion of foreign books in syllabus 28

Easy and affordable reproduction technology 24

Inappropriate law for copyright violation 20

Legal action is complicated and time consuming 20

No supervisory mechanism to enforce copyright law 18

Difficulties in obtaining copyrights from foreign publisher/author 14

Difficulties in importing foreign book 12

Lack of communication between publishers/booksellers and the Copyright Office

6

Major Beneficiaries of Book Piracy Major Beneficiaries of Book Piracy

Major beneficiaries Percent

Publishers 41

Booksellers 39

Readers 18

Awareness and Opinion about Awareness and Opinion about Copyright Laws Copyright Laws

Question Yes

Do you know there is a copyright law in Pakistan? 92%

Do you know about international copyright conventions?

35%

Is existing copyright law effective in curbing book piracy in Pakistan?

40%

Are international copyright conventions respected in Pakistan?

30%

Can copyright notice on the book prevent book piracy?

19%

Are you satisfied with the legal provisions in the Copyright Ordinance regarding book piracy?

47%

Suggested Measures AgainstSuggested Measures AgainstBook Piracy Book Piracy

Measures Percent

Strict enforcement of copyright law 60

Subsidizing original editions of textbooks 48

More efficient role of National Book Foundation in reprinting of essential books

31

Encouragement of local writers for writing good books

25

Easy procedures for book import 19

Publicity of copyright laws 12

RecommendationsRecommendations

A public awareness campaign regarding the importance of copyright should A public awareness campaign regarding the importance of copyright should be conducted using all possible means of mass media. This campaign might be conducted using all possible means of mass media. This campaign might emphasize moral obligations as well as legal provisions of copyright law. emphasize moral obligations as well as legal provisions of copyright law. The readers may be informed about disadvantages of pirated books, The readers may be informed about disadvantages of pirated books, especially about the bad effect of their printing quality on the eyesight and especially about the bad effect of their printing quality on the eyesight and understanding of the contents. National and international publishers’ understanding of the contents. National and international publishers’ associations can sponsor this campaign.associations can sponsor this campaign.The mechanism of vigilance and enforcement of the copyright law need lot The mechanism of vigilance and enforcement of the copyright law need lot of improvements as there are complaints of corruption on the part of law of improvements as there are complaints of corruption on the part of law enforcing officials and delayed judicial proceedings. More efficient and enforcing officials and delayed judicial proceedings. More efficient and vigilant officials and prompt judicial proceedings resulting in strict vigilant officials and prompt judicial proceedings resulting in strict punishment to the culprits may cause deterrent effect in general.punishment to the culprits may cause deterrent effect in general.Training should be arranged for police, Federal Investigation Agency (FIA) Training should be arranged for police, Federal Investigation Agency (FIA) officers, customs staff, prosecutors and judges in dealing the cases of officers, customs staff, prosecutors and judges in dealing the cases of copyright violation.copyright violation.The Pakistan Publishers and Booksellers Association can play an effective The Pakistan Publishers and Booksellers Association can play an effective role in curbing book piracy. Membership of the individuals may be cancelled role in curbing book piracy. Membership of the individuals may be cancelled who are found guilty of copyright violation after investigation.who are found guilty of copyright violation after investigation.Non availability of low price foreign books should be considered as the main Non availability of low price foreign books should be considered as the main cause of book piracy in Pakistan. Publishers should supply textbooks on cause of book piracy in Pakistan. Publishers should supply textbooks on special price for developing countries. For this purpose foreign publishers special price for developing countries. For this purpose foreign publishers can open their sub-offices in Pakistan.can open their sub-offices in Pakistan.

Recommendations (cont…)Recommendations (cont…)

Foreign publishers must also be persuaded to legally confer Foreign publishers must also be persuaded to legally confer copyright against reasonable royalties so that local publishing copyright against reasonable royalties so that local publishing industry can reprint their books cheaply in Pakistan.industry can reprint their books cheaply in Pakistan.The role of National Book Foundation should be enhanced by The role of National Book Foundation should be enhanced by generous funding. Along with this, economical book production by generous funding. Along with this, economical book production by academic institutions, like universities and professional colleges, academic institutions, like universities and professional colleges, and volunteer organizations may be encouraged.and volunteer organizations may be encouraged.The establishment of the Pakistan Intellectual Property Rights The establishment of the Pakistan Intellectual Property Rights Organization (PIPRO) by the Government of Pakistan in 2004 was a Organization (PIPRO) by the Government of Pakistan in 2004 was a right step. This organization is still waiting for government funding right step. This organization is still waiting for government funding and proper legislation. PIPRO has also been a victim of non-and proper legislation. PIPRO has also been a victim of non-cooperation of Education, Home, Commerce, Industry and Law cooperation of Education, Home, Commerce, Industry and Law Ministries of the government.Ministries of the government.A research cell may be established by the book trade and the A research cell may be established by the book trade and the government to analyze factors causing book piracy and give government to analyze factors causing book piracy and give suggestions on how can copyright be respected in the country.suggestions on how can copyright be respected in the country.

ConclusionConclusion

Pakistan has a strict and clear copyright law but Pakistan has a strict and clear copyright law but its implementation is not easyits implementation is not easyPakistan government’s failure to protect Pakistan government’s failure to protect copyright causes a damage to its dignity in copyright causes a damage to its dignity in international communityinternational communityReaders are not well aware of the benefits of Readers are not well aware of the benefits of copyrightcopyrightCopyright law must be enforced, butCopyright law must be enforced, butFirst, provide foreign books to local readers at First, provide foreign books to local readers at low price becauselow price because

THIS IS THE MAOJR CAUSE OF BOOK PIRACYTHIS IS THE MAOJR CAUSE OF BOOK PIRACY

Thank YouThank You