Presentation on theme: "Copyright and Book Piracy in Pakistan"— Presentation transcript:
1 Copyright and Book Piracy in Pakistan Khalid MahmoodDepartment of Library & Information Science, University of the Punjab, LahoreMuhammad IlyasDepartment of Library & Information Science, University of Balochistan, Quetta
2 Copyright DefinedCopyright 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.
3 Legal Definition of Copyright According to The Copyright Ordinance, 1962The exclusive rightto reproduce the work in any material formto publish the workto perform the work in publicto produce, reproduce, perform or publish any translation of the workto broadcast the workto make any adaptation of the work
4 Book PiracyDeliberate infringement of copyright on intellectual property and an absolute disregard for ownership or authorship of literary worksORUsing another person’s opinion, ideas or works as if they were one’s own and without making any attempt at acknowledging their true source
5 The Berne ConventionAdopted by an international conference held in 1886 at Berne, Switzerland8th amendment in 1979Salient features:National treatmentPreclusion of formalitiesMinimum terms of protectionMinimum exclusive rights
6 Universal Copyright Convention Adopted at Geneva in 1952 and revised at Paris in 1971Main features:No more favorable copyright treatment for domestic authors than the authors of other countriesA formal copyright notice on all copies of a workMinimum term of copyright is the life of the author plus 25 yearsRight of translation for a seven-year period
7 The Copyright Ordinance, 1962 Salient features:Period of copyright is the life of the author and 50 years after his deathRegistration of copyright is not mandatory but recommendedAllows reproduction for ‘Fair Use’ in research, teaching, private study, criticism, review, news reporting, and judicial proceedingProvides 3 types of remedies against infringement:CivilCriminalAdministrative
8 Copyright Amendment, 2000Criminal penalties up to three years imprisonment or a fine of Rs.100,000 which are doubled for second or subsequent offensesCivil ex parte search orders (without notice to the defendant)Registrar’s authority to prohibit (seize, detain, etc.) the export and import of infringing copiesA new right in “typographical arrangement” of a published edition of a work
9 Literature ReviewNon-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 non-cooperation from foreign publishers (Sethi, 1994)Need to raise public awareness (Mirza, 1992)
10 American Views on Book Piracy International Intellectual Property Alliance (IIPA) represents 1,300 U.S. companiesIIPA publishes annual reviews of copyright piracy of US materials by various countriesDuring 2004, the estimated total trade loss of US book industry amounts to US$603 millions in 67 selected countries
11 Trade Loss of US Book Industry Due to Piracy in Pakistan YearLoss (in millions of US dollars)1995301996199719984019994220004520014420022003200452
12 IIPA Reviews Piracy in Pakistan Piracy of computer, business, medical and engineering texts, English Language Teaching materials, and reference materialsLegitimate importers and booksellers reported a sharp decline in salesReprint piracy and commercial photocopying remained major problemsEntire books are photocopied and available for sale in stalls and bookstoresTrade bestsellers are pirated in large numbers and available everywherePakistan also exports pirated books to India, the Middle East, and even AfricaSome raids are reported but with little effectMaximum fine that a pirate has received from prosecutions was Rs.15,000No sentences involving imprisonments were meted outPakistan is the world’s worst pirate country for published materials (per capita)Law in Pakistan is not compatible with international conventions and agreements
13 Pakistan’s Response Government is ready to take serious steps Pakistan Intellectual Property Rights Organization (PIPRO) was established in 2004A draft Bill for PIPRO Act is ready for presentation to the ParliamentPIRPO has powers and functions to protect IPRs in Pakistan
14 Objectives of StudyFind out what international and national copyright conventions and laws are applicable in PakistanDetermine the awareness level of publishing industry about copyright lawsDetermine the causes of book piracy in PakistanFind out the major beneficiaries of book piracySuggest measures to be taken against book piracy
15 MethodologyQuestionnaire survey of Pakistani publishers, booksellers, importers and exporters of booksThere was no comprehensive directory of book trade in PakistanOn the basis of some short directories and with the help of professional librarians the a list of 893 enterprises was preparedCities covered: Islamabad/Rawalpindi, Lahore, Karachi, Peshawar and QuettaSimple random sample of 90 respondents (approximately 10% of the total population)83 responses were analyzed
16 Causes of Book Piracy Causes Percent High price of original edition thus low sale80High rate of profit33Non-availability of original editions29Inclusion of foreign books in syllabus28Easy and affordable reproduction technology24Inappropriate law for copyright violation20Legal action is complicated and time consumingNo supervisory mechanism to enforce copyright law18Difficulties in obtaining copyrights from foreign publisher/author14Difficulties in importing foreign book12Lack of communication between publishers/booksellers and the Copyright Office6
17 Major Beneficiaries of Book Piracy PercentPublishers41Booksellers39Readers18
18 Awareness and Opinion about Copyright Laws QuestionYesDo 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%
19 Suggested Measures Against Book Piracy PercentStrict enforcement of copyright law60Subsidizing original editions of textbooks48More efficient role of National Book Foundation in reprinting of essential books31Encouragement of local writers for writing good books25Easy procedures for book import19Publicity of copyright laws12
20 RecommendationsA 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.
21 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 non-cooperation 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.
22 THIS IS THE MAOJR CAUSE OF BOOK PIRACY ConclusionPakistan has a strict and clear copyright law but its implementation is not easyPakistan government’s failure to protect copyright causes a damage to its dignity in international communityReaders are not well aware of the benefits of copyrightCopyright law must be enforced, butFirst, provide foreign books to local readers at low price becauseTHIS IS THE MAOJR CAUSE OF BOOK PIRACY