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 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.
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
 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
 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
 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
 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
 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
 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)
 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
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
 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
 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
 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
 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 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 6
Copyright Office
Major beneficiaries Percent

Publishers 41

Booksellers 39

Readers 18
Question Yes

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

Do you know about international copyright 35%


conventions?
Is existing copyright law effective in curbing book 40%
piracy in Pakistan?
Are international copyright conventions respected in 30%
Pakistan?
Can copyright notice on the book prevent book 19%
piracy?
Are you satisfied with the legal provisions in the 47%
Copyright Ordinance regarding book piracy?
Measures Percent

Strict enforcement of copyright law 60

Subsidizing original editions of textbooks 48

More efficient role of National Book Foundation in 31


reprinting of essential books
Encouragement of local writers for writing good 25
books
Easy procedures for book import 19

Publicity of copyright laws 12


 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.
 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.
 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

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