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Copyright and Book Piracy in Pakistan by Dr Khalid Mahmood

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Copyright and Book Piracy
in Pakistan
Khalid Mahmood
Department of Library & Information Science,
University of the Punjab, Lahore
Muhammad Ilyas
Department of Library & Information Science,
University of Balochistan, Quetta
Copyright Defined
Copyright is a legal term describing rights given
to creators for their literary and artistic works.
Kinds of works covered by copyright include:
literary works such as novels, poems, plays,
reference works, newspapers and computer
programs; databases; films, musical
compositions, and choreography; artistic works
such as paintings, drawings, photographs and
sculpture; architecture; and advertisements,
maps and technical drawings.
Legal Definition of Copyright
According to The Copyright Ordinance, 1962
The exclusive right
– to reproduce the work in any material form
– to publish the work
– to perform the work in public
– to produce, reproduce, perform or publish any
translation of the work
– to broadcast the work
– to make any adaptation of the work
Book Piracy
Deliberate infringement of copyright on
intellectual property and an absolute
disregard for ownership or authorship of
literary works
OR
Using another person’s opinion, ideas or
works as if they were one’s own and
without making any attempt at
acknowledging their true source
The Berne Convention
Adopted by an international conference
held in 1886 at Berne, Switzerland
8th amendment in 1979
Salient features:
– National treatment
– Preclusion of formalities
– Minimum terms of protection
– Minimum exclusive rights
Universal Copyright Convention
Adopted at Geneva in 1952 and revised at Paris
in 1971
Main features:
– No more favorable copyright treatment for domestic
authors than the authors of other countries
– A formal copyright notice on all copies of a work
– Minimum term of copyright is the life of the author
plus 25 years
– Right of translation for a seven-year period
The Copyright Ordinance, 1962
Salient features:
– Period of copyright is the life of the author and 50
years after his death
– Registration of copyright is not mandatory but
recommended
– Allows reproduction for �Fair Use’ in research,
teaching, private study, criticism, review, news
reporting, and judicial proceeding
– Provides 3 types of remedies against infringement:
Civil
Criminal
Administrative
Copyright Amendment, 2000
Criminal penalties up to three years
imprisonment or a fine of Rs.100,000 which are
doubled for second or subsequent offenses
Civil ex parte search orders (without notice to
the defendant)
Registrar’s authority to prohibit (seize, detain,
etc.) the export and import of infringing copies
A new right in “typographical arrangement” of a
published edition of a work
Literature Review
Non-cooperative attitude of the government and
foreign publishers (Mirza, 1983)
High cost of book causes piracy; 80% piracy in
textbooks (Haider, 1993)
Piracy gains respectability because it promotes
reading habits (Haider, 1996)
Copyright laws are clear; No infringement in
local books; Piracy due to high prices and noncooperation from foreign publishers (Sethi,
1994)
Need to raise public awareness (Mirza, 1992)
American Views on Book Piracy
International Intellectual Property Alliance
(IIPA) represents 1,300 U.S. companies
IIPA publishes annual reviews of copyright
piracy of US materials by various countries
During 2004, the estimated total trade loss
of US book industry amounts to US$603
millions in 67 selected countries
Trade Loss of US Book Industry
Due 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 Pakistan
Piracy of computer, business, medical and engineering texts, English
Language Teaching materials, and reference materials
Legitimate importers and booksellers reported a sharp decline in sales
Reprint piracy and commercial photocopying remained major problems
Entire books are photocopied and available for sale in stalls and bookstores
Trade bestsellers are pirated in large numbers and available everywhere
Pakistan also exports pirated books to India, the Middle East, and even
Africa
Some raids are reported but with little effect
Maximum fine that a pirate has received from prosecutions was Rs.15,000
No sentences involving imprisonments were meted out
Pakistan is the world’s worst pirate country for published materials (per
capita)
Law in Pakistan is not compatible with international conventions and
agreements
Pakistan’s Response
Government is ready to take serious steps
Pakistan Intellectual Property Rights
Organization (PIPRO) was established in
2004
A draft Bill for PIPRO Act is ready for
presentation to the Parliament
PIRPO has powers and functions to
protect IPRs in Pakistan
Objectives of Study
Find out what international and national
copyright conventions and laws are applicable
in Pakistan
Determine the awareness level of publishing
industry about copyright laws
Determine the causes of book piracy in
Pakistan
Find out the major beneficiaries of book piracy
Suggest measures to be taken against book
piracy
Methodology
Questionnaire survey of Pakistani publishers,
booksellers, importers and exporters of books
There was no comprehensive directory of book trade in
Pakistan
On the basis of some short directories and with the help
of professional librarians the a list of 893 enterprises
was prepared
Cities covered: Islamabad/Rawalpindi, Lahore, Karachi,
Peshawar and Quetta
Simple random sample of 90 respondents
(approximately 10% of the total population)
83 responses were analyzed
Causes of Book Piracy
Causes
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
Percent
Publishers
41
Booksellers
39
Readers
18
Awareness and Opinion about
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?
Are international copyright conventions respected in
Pakistan?
Can copyright notice on the book prevent book
piracy?
40%
Are you satisfied with the legal provisions in the
Copyright Ordinance regarding book piracy?
47%
30%
19%
Suggested Measures Against
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
Easy procedures for book import
25
Publicity of copyright laws
12
19
Recommendations
A public awareness campaign regarding the importance of copyright should
be conducted using all possible means of mass media. This campaign
might emphasize moral obligations as well as legal provisions of copyright
law. The readers may be informed about disadvantages of pirated books,
especially about the bad effect of their printing quality on the eyesight and
understanding of the contents. National and international publishers’
associations can sponsor this campaign.
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
enforcing officials and delayed judicial proceedings. More efficient and
vigilant officials and prompt judicial proceedings resulting in strict
punishment to the culprits may cause deterrent effect in general.
Training should be arranged for police, Federal Investigation Agency (FIA)
officers, customs staff, prosecutors and judges in dealing the cases of
copyright violation.
The Pakistan Publishers and Booksellers Association can play an effective
role in curbing book piracy. Membership of the individuals may be cancelled
who are found guilty of copyright violation after investigation.
Non availability of low price foreign books should be considered as the main
cause of book piracy in Pakistan. Publishers should supply textbooks on
special price for developing countries. For this purpose foreign publishers
can open their sub-offices in Pakistan.
Recommendations (cont…)
Foreign publishers must also be persuaded to legally confer
copyright against reasonable royalties so that local publishing
industry can reprint their books cheaply in Pakistan.
The role of National Book Foundation should be enhanced by
generous funding. Along with this, economical book production by
academic institutions, like universities and professional colleges,
and volunteer organizations may be encouraged.
The establishment of the Pakistan Intellectual Property Rights
Organization (PIPRO) by the Government of Pakistan in 2004 was a
right step. This organization is still waiting for government funding
and proper legislation. PIPRO has also been a victim of noncooperation of Education, Home, Commerce, Industry and Law
Ministries of the government.
A research cell may be established by the book trade and the
government to analyze factors causing book piracy and give
suggestions on how can copyright be respected in the country.
Conclusion
Pakistan has a strict and clear copyright law but
its implementation is not easy
Pakistan government’s failure to protect
copyright causes a damage to its dignity in
international community
Readers are not well aware of the benefits of
copyright
Copyright law must be enforced, but
First, provide foreign books to local readers at
low price because
THIS IS THE MAOJR CAUSE OF BOOK PIRACY
Thank You
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