Copyright and Book Piracy in Pakistan

1. 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

2. 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.

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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 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. 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

11. Trade Loss of US Book Industry Due to Piracy in Pakistan

12. 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

13. 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

14. 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

15. 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

16. Causes of Book Piracy

17. Major Beneficiaries of Book Piracy

18. Awareness and Opinion about Copyright Laws

19. Suggested Measures AgainstBook Piracy

20. 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.

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. 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

23. Thank You