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Copyright and Book Piracy in Pakistan

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Abstract

Pakistan has to face a tremendous pressure from Western countries due to widespread book piracy. This study presents the results of a survey of the book trade regarding copyright and book piracy in the country. International conventions to which Pakistan is a signatory and national copyright law and its implementation are described. American views on the situation of copyright in Pakistan are summarized. The survey reveals that the high price of foreign books is the main cause of book piracy. Local publishers and booksellers are the major beneficiaries of book piracy. Suggestions are given to protect intellectual copyright in Pakistan. Concludes that measures to minimize book piracy will not be successful until books at low price are available for local readers.
324
Copyright © 2005 International Federation of Library Associations &
Institutions (www.ifla.org). IFLA Journal 31(4): 324–332.
ISSN: 0340-0352. DOI: 10.1177/0340035205061397
Introduction
Copyright is a legal term describing rights given to creators for
their literary and artistic works. The 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; architec-
ture; and advertisements, maps and technical drawings (World
Intellectual Property Organization, 2005).
According to The Copyright Ordinance, 1962 [of Pakistan] ‘copy-
right’ means the exclusive right, by virtue of, and subject to, the
provisions of this Ordinance:
(a) in the case of a literary, dramatic or musical work, to do and
authorize the doing of any of the following acts, namely:
(i) to reproduce the work in any material form;
(ii) to publish the work;
(iii) to perform the work in public;
(iv) to produce, reproduce, perform or publish any trans-
lation of the work;
(v) to use the mark in a cinematographic work or make a
record in respect of the work;
(vi) to broadcast the work, or to communicate the broad-
cast of the work to the public by a loudspeaker or any
other similar instrument;
(vii) to make any adaptation of the work;
(viii) to do in relation to translation or an adaptation of the
work any of the acts specified in relation to the work in
sub-clauses (i) to (vi) (Chaudhry, 2001, p. 21).
Copyright and its related rights are essential to human creativity,
by giving creators incentives in the form of recognition and fair
economic rewards. Under this system of rights, creators are
assured that their works can be disseminated without fear of
unauthorized copying or piracy. This in turn helps increase access
to and enhances the enjoyment of culture, knowledge, and enter-
tainment all over the world.
Book piracy is as old as the publishing industry itself. The extent
of piracy continued to increase, particularly, in the second half of
the previous century. An unprecedented increase has taken place
after the emergence of new states as a result of de-colonization
and a rapid growth of higher education in the newly independent
states. Since all the modern sciences have developed in western
countries their intellectual leadership is universally accepted.
Western textbooks, other books and research journals are used as
instruction materials for higher education throughout the world.
The English language has become an almost international
academic language anywhere. These factors have contributed to
Khalid Mahmood and
Muhammad Ilyas
About the authors: page 332
Copyright and Book Piracy in Pakistan
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 324
the increasing trend of book piracy, particularly
for academic purposes, and brought inter-
national conventions against book piracy.
Pakistan has experienced a rapid and enormous
expansion of higher education in recent years.
This necessitated the import of foreign produced
textbooks as well as reference books. On the one
hand, Pakistan has encountered the problems of
scarcity of foreign exchange, inappropriate allo-
cation of foreign exchange, strict import controls
and high tariffs and, on the other hand, buyers
in Pakistan are less able to purchase high-priced
imported books. This situation resulted in the
local reproduction of cheap editions in violation
of copyright laws.
Literature Review
A number of efforts have been made in order to
protect intellectual property rights at the global
level. The most important of these are the Berne
Convention for the Protection of Literary and
Artistic Works, 1886 and the Universal Copy-
right Convention, 1952.
The Berne Convention was adopted by an inter-
national conference held in Berne, Switzerland.
The USA joined it only in 1988 (Feather and
Sturges, 2003). Up to 1979 the Berne Convention
went through eight amendments. There are four
salient features of this convention: national treat-
ment, preclusion of formalities, minimum terms
of protection, and minimum exclusive rights:
National Treatment: Signatories to the Berne
Convention have agreed to treat foreign copy-
right owners as legally equal to domestic
copyright holders. This means that, for
example, an American author publishing a
book in Pakistan would have the same rights
as a Pakistani author publishing in the same
market.
Preclusion of Formalities: Under the Berne Con-
vention, neither formal registration nor publi-
cation of a copyright notice can be required in
order to procure a copyright. It is worth
noting, however, that signatory nations retain
the right to make formal procedures useful in
challenge proceedings. For example, a copy-
right notice in the United States can be used
to invalidate a defence of ‘innocent infringe-
ment’ by a copyright violator.
Minimum Terms of Protection: Nations party to
the Berne Convention must extend copyright
protection through the life of the author plus
50 years. However, nations may extend pro-
tection longer.
Minimum Exclusive Rights: Under the Berne
Convention, copyright holders must be
guaranteed six rights for the entire life of the
copyright: translation, reproduction, public
performance, adaptation, paternity, and
integrity.
The Universal Copyright Convention was
adopted at Geneva in 1952 and revised at Paris
in 1971. Its main features are the following:
(1) no signatory nation should accord its
domestic authors more favorable copyright
treatment than the authors of other signa-
tory nations, though no minimum protec-
tion for either domestic or foreign authors is
stipulated;
(2) a formal copyright notice must appear in all
copies of a work and consist of the symbol
(c), the name of the copyright owner, and
the year of first publication; a signatory
nation, however, might require further for-
malities, provided such formalities do not
favour domestic over foreign works;
(3) the minimum term of copyright in member
nations must be the life of the author plus 25
years (except for photographic works and
works of applied art, which have a 10-year
term);
(4) all adhering nations are required to grant an
exclusive right of translation for a seven-
year period, subject to a compulsory license
under certain circumstances for the balance
of the term of copyright (Encyclopedia
Britannica, 2002).
Pakistan is a member of both the Berne Copy-
right Union and the Universal Copyright Con-
vention. Pakistan is also a member of the TRIPS
(Trade Related aspects on Intellectual Property
Rights) Agreement, which contains provisions of
the Berne Convention.
The copyright law in Pakistan is governed by the
Copyright Ordinance, 1962. The Copyright Rules,
1967 have been framed for the proper working of
the Ordinance. Significant changes in the Ordi-
nance were introduced through the Copyright
(Amendment) Act, 1992 and the Copyright
(Amendment) Ordinance, 2000. Key features of
the Copyright Ordinance are outlined below.
The period of copyright of a published literary,
dramatic, musical or artistic work is the life of
the author and 50 years after his death.
Copyright and Book Piracy in Pakistan
325
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 325
Registration of copyright in Pakistan is not
mandatory, it is however recommended, as the
certificate issued upon registration may be used
in court to subsequently establish ownership
should the need arise. The Ordinance, therefore,
enables a copyright owner to register his copy-
right with the Copyright Office and the certifi-
cate of registration is fully enforceable in a court
of law and is prima facie evidence that copyright
subsists in the work and that the registrant is the
owner thereof.
The Ordinance allows reproduction of copy-
righted material, without permission, for ‘fair use’
in the case of research, teaching, private study,
criticism, review, news reporting, and judicial
proceedings. In these cases up to 800 words or
40 lines can be copied. It is also allowed that up
to three copies of a book can be made by or
under the direction of the person in charge of a
public or academic library for use by the public
free of charge if such book is not available for
sale. All these reproductions are allowed with the
acknowledgements of original title and author.
The Ordinance also provides for enforcement of
copyright, and allows three types of remedies to
the person whose copyright has been infringed.
These remedies are civil, criminal and adminis-
trative, which, though distinct and independent,
can be availed of simultaneously.
Civil remedies include injunction, damages,
accounts, delivery of infringing copies and
damages for conversion. In the case of innocent
infringements some of these remedies are not
available, e.g., innocent infringers are not
required to pay any damages to the copyright
owner, but do have to cease the infringing
activity or pay the owner a sum representing the
reasonable commercial value of that use. An
employer is vicariously liable under the Ordi-
nance for the offences that his servants and
agents may commit in the course of their duty
and within their authority, even though he has
no knowledge of the act of infringement and
despite the fact that he has given a general order
to his servants prohibiting the doing of acts
which might amount to infringement. In the case
where a copyright owner is unable to institute
immediate regular legal proceedings against the
infringer for sufficient cause, the Ordinance
provides for special remedies to such owner. An
application is made to the Court for immediate
provisional orders to prevent infringement of
copyright and for preservation of any evidence
relating to such infringement.
Criminal remedies provide for imprisonment of
the accused or imposition of a fine or both,
seizure of infringing copies, and delivery of
infringing copies to the owner of the copyright.
In particular, there is an express provision in the
Ordinance which deals with the offences by
companies. According to this provision, if a
company commits any offence under the Ordi-
nance, every person who was in charge of and
responsible to the company for the conduct of its
business, as well as the company, will be deemed
to be guilty of such offence and will be liable to
be proceeded against and punished accordingly.
However, if a person can prove that the offence
was committed without his knowledge or that he
exercised due diligence to prevent the com-
mission of the offence, that person will not be
held liable to any punishment. Further under the
Ordinance a police officer is also empowered to
seize without warrant for production before a
Magistrate infringing copies of the work and the
equipment etc. used in connection therewith.
Administrative remedies consist of moving the
Registrar of Copyrights to ban the import and
export of infringing copies in Pakistan. An appli-
cation may be made to the customs officer (func-
tioning under the Customs Act, 1969) for
examination and detention of any consignment
intended to be imported into or exported out of
Pakistan which is suspected to contain infring-
ing copies of any work which is the subject of
copyright (Vellani and Vellani, 2001).
The 2000 amendments in the Copyright Ordi-
nance provide strong tools to fight piracy. The
Ordinance:
provides for criminal penalties to up to three
years imprisonment or a fine of PKR 100,000
(approximately USD 1,680), which are
doubled for second or subsequent offences
provides for civil ex parte search orders
(without notice to the defendant), essential to
enforcement against end-user piracy
broadens the Registrar’s authority to prohibit
(seize, detain, etc.) the export out of Pakistan
of infringing copies in addition to infringing
imports coming into Pakistan, and includes
goods to which infringing labels are applied as
subject to this prohibition
provides a new right in ‘typographical arrange-
ment’ of a published edition of a work
The 2000 amendments contain one change that
was extremely criticized by the international
publishing industry. Section 36.3 provides that
Khalid Mahmood and Muhammad Ilyas
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05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 326
the government can grant any “institution,
including the National Book Foundation (NBF),
which is part of the Education Ministry, reprint
rights without authorization of the rights holder
and without royalty.
In spite of international conventions and
national laws, book piracy has been a common
phenomenon in Pakistan. What are the causes of
this grave situation? What should be done to
combat book piracy? Some authors have tried to
answer these questions. Mirza (1983) stated that
the policies of the Pakistan government discour-
aged importers in the private sector to import
foreign books. As a consequence, small printers
and publishers got a chance to pirate books.
Foreign publishers were also reluctant to give
reprinting rights to local publishers. He men-
tioned that the Pakistan Publishers and Book-
sellers Association formed a sub-committee to
start an anti-piracy campaign in the country.
Haider (1993) mentioned that the high cost of
books helped the pirates. He quoted a book
importer who stated that “as far as textbooks are
concerned about 80% of the sale is of pirated
books” (p. 254). Haider (1996) stated that
“piracy of printed word is gaining high degree of
respectability on grounds that it promotes
reading habits and boosts literacy by making
affordable literature available to the people”
(p. 308).
Sethi (1994) stated that:
Laws in Pakistan relating to copyright are
both strict and clear. However, implementa-
tion is problem because legal redress can be
long and costly. There is, by and large, no
infringement of local copyrights. But foreign
works are difficult to protect from piracy for
two main reasons: (a) foreign books are very
expensive and invariably in short supply
with booksellers at critical times in the cur-
riculum year. Hence the pirate moves in to
fill the vacuum at extremely low prices, (b)
foreign publishers are not prepared to
defend their copyright in Pakistani courts of
law by hiring good lawyers and spending
time and money chasing pirates (pp. 21–22).
Mirza (1992) ascertained that there is an urgent
need to raise public awareness of copyright
through a campaign, while special training
courses be started for enforcement agencies.
Steps may also be taken for the introduction of
a course on copyright in higher secondary
schools and for the education of special
audiences such as teachers, scholars, media-
men, librarians, authors, publishers and book-
sellers.
The International Intellectual Property Alliance
(IIPA) represents 1,300 United States companies
producing and distributing materials protected
by copyright laws throughout the world. The
IIPA publishes annual reviews of copyright
piracy of US materials by various countries.
During 2004, the estimated total trade loss of US
book industry amounted to USD603 millions in
67 selected countries. Pakistan has been on its
piracy ‘Watch List’ since 1989. Figures for ten
years of US losses due to book piracy in Pakistan
are given in Table 1. In 2004, IIPA recom-
mended that Pakistan be designated as a
‘Priority Foreign Country’ for extremely high
levels of piracy and the Pakistani government’s
complete lack of attention to the problem.
The IIPA reviews of Pakistan from 1996 to 2005
stated that piracy of computer, business, medical
and engineering texts, English language teaching
materials, and reference materials such as dic-
tionaries was widespread. Legitimate importers
and booksellers reported a sharp decline in
sales. Reprint piracy and commercial photo-
copying remained major problems. Entire books
are photocopied and available for sale in stalls
and bookstores. Trade bestsellers were pirated in
large numbers and available everywhere. In
Year Loss
(USD million)
1995 30
1996 30
1997 30
1998 40
1999 42
2000 45
2001 44
2002 44
2003 44
2004 52
Copyright and Book Piracy in Pakistan
327
Table 1. Estimated trade losses of US book
industry due to copyright piracy in Pakistan.
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 327
addition to saturating the domestic market, book
piracy remained a net-export business to India,
the Middle East, and even Africa. The publish-
ing industry reported that some raids were run
against book pirate operations since 2001.
However, these raids had little or no effect on
piracy. For example, for publishers, although the
law now enables a judge to put someone in jail
for 1 to 3 years, and fine them up to PKR
100,000 (USD 1,680), the maximum fine that a
pirate has received from prosecutions for pub-
lishing piracy was PKR 15,000 (USD 253) in
2004; hardly a deterrent, and most cases resulted
in far lower fines. No sentences involving
imprisonment were meted out. The IIPA named
Pakistan as the world’s worst pirate country for
published materials (per capita). The IIPA also
criticized the fact that copyright law in Pakistan
was not compatible with international conven-
tions and agreements (International Intellectual
Property Alliance, 2005).
In response to tremendous pressure from the US
and the European Union, the Pakistan govern-
ment is ready to take serious measures to curb
piracy in the country. Most significant is the
creation of the Pakistan Intellectual Property
Rights Organization (PIPRO). A draft Bill for a
PIPRO Act is ready for presentation to the
Parliament. According to the Bill, the powers
and functions of PIPRO will be to
(a) administer and coordinate all government
systems for the protection of intellectual
property rights;
(b) prescribe, regulate or implement measures
and standards on any matter related to or
connected with intellectual property;
(c) accredit or certify, and regulate any person
as intellectual property agent;
(d) appoint such employees, consultants and
experts as deemed necessary on terms and
conditions prescribed by the federal govern-
ment;
(e) levy such charges or fees as may be reason-
able for services and facilities provided by
PIPRO and its constituent offices;
(f) carry out such other works or activities as
may appear to the organization to be
necessary, with a view to making the best
use of the assets of organization;
(g) engage, in conjunction with other authori-
ties, international agencies or organiz-
ations, in any study or cooperation project
related to intellectual property;
(h) enter into contracts for the supply of goods
or materials for the execution of works, as
may be necessary for the discharge of any of
its duties and functions;
(i) supervise and coordinate the working of all
intellectual property offices including
Patent Office, Trade Marks Registry and
Copy Right Office;
(j) advise the federal government on policy
relating to intellectual property rights;
(k) plan for future development and up-grada-
tion of intellectual property infrastructure
and capacity in Pakistan;
(l) initiate research in the field of intellectual
property;
(m) advise the federal government regarding the
international negotiations in the area of
intellectual property;
(n) promote awareness about intellectual
property issues in the public and private
sector;
(o) propose and initiate intellectual property
rights legislation for the protection of intel-
lectual property rights in Pakistan;
(p) monitor the enforcement and protection of
intellectual property rights and collect
related data;
(q) coordinate the implementation of foreign-
aided technical assistance projects on intel-
lectual property;
(r) perform any other function relating to intel-
lectual property assigned by the federal
government;
(s) liaise with counterpart and related techni-
cal organizations in other countries;
(t) develop working manuals, references,
materials and procedures in order to assist
in improving the protection of intellectual
property rights (MoC prepares draft of
PIPRO Act, 2004).
Keeping in view the grave situation of the viola-
tion of copyright laws in Pakistan, on the one
hand, and the readiness of the government to
protect intellectual property rights on the other,
a study was needed to unearth the causes of
book piracy and suggest measures to improve
the situation. The better protection of copyrights
in the country will certainly raise the dignity of
Pakistan in the global community.
Objectives
The objectives of this study were to:
find out what international and national copy-
right conventions and laws are applicable in
Pakistan
Khalid Mahmood and Muhammad Ilyas
328
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 328
determine the awareness level of the publish-
ing industry about copyright laws
determine the causes of book piracy in
Pakistan
find out who are the major beneficiaries of
book piracy; and
suggest measures to be taken against book
piracy.
This study is limited to copyright and piracy
issues of books and periodicals only. Other types
of intellectual rights, e.g., trademarks, audio-
cassettes, CD-ROMs, etc. are not included in the
discussion.
Methodology
To achieve the objectives of this study a ques-
tionnaire survey of Pakistani publishers, book-
sellers, importers and exporters of books was
conducted. There was no comprehensive direc-
tory of the book trade in Pakistan. On the basis
of some short directories and with the help of
professional librarians the researchers prepared
a list of 893 enterprises involved in the book
trade in Islamabad, Lahore, Karachi, Peshawar
and Quetta (federal and provincial capital
cities). A simple random sample of 90 respon-
dents (approximately 10 percent of the total
population) was drawn. A questionnaire was
sent to the selected booksellers. Eighty-three
useable responses (92 percent) were received
and analyzed.
Data Analysis
The persons representing the book trade were
asked to give their opinion about the causes of
book piracy in Pakistan. They were provided
with a list of eleven statements to demonstrate
their views. The results revealed that the most
common reason for book piracy was the ‘High
price of original edition thus low sale in the local
market.’ Eighty percent of the respondents were
in favour of this statement. The next significant
reason was ‘High rate of profit’ which pirates
make from illegitimate publishing (33 percent).
Other reasons (given in Table 2) got the atten-
tion of less than 30 percent of the respondents.
While looking at the beneficiaries, almost all
parties involved in the book trade benefit from
the piracy of books. On the one hand the avail-
ability of pirated editions helps the readers, who
may not afford to buy high-priced original
editions; on the other hand, publishers and
booksellers earn considerable profits from book
piracy. When asked about beneficiaries, a sig-
nificant proportion (41 percent) of the respon-
dents were of the view that publishers were the
main beneficiaries. About the same proportion
(39 percent) stated that the major beneficiaries
Copyright and Book Piracy in Pakistan
329
Rank Causes No. %
1 High price of original edition thus low sale 66 80
2 High rate of profit 27 33
3 Non-availability of original editions 24 29
4 Inclusion of foreign books in syllabus 23 28
5 Easy and affordable reproduction technology 20 24
6–7 Inappropriate law for copyright violation 17 20
6–7 Legal action is complicated and time consuming 17 20
8 No supervisory mechanism to enforce copyright law 15 18
9 Difficulties in obtaining copyrights from foreign publisher/author 12 14
10 Difficulties in importing foreign books 10 12
11 Lack of communication between publishers/booksellers and the
Copyright Office
56
Table 2. Opinion about causes of book piracy.
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 329
were the booksellers. Eighteen percent respon-
ded that readers got the most from book piracy
(Table 3).
The respondents were asked various questions to
measure their awareness of copyright laws and
conventions and to seek their views about copy-
right related issues. The results are given in
Table 4. A large majority of the respondents (92
percent) was aware that there was a copyright
law in Pakistan. However, international copy-
right conventions were not well known to the
respondents. Only 35 percent of them had any
knowledge about these conventions. In the view
of 40 percent of the respondents, the existing
copyright law was effective in curbing book
piracy in Pakistan. Only 30 percent were of the
view that international conventions were
respected in the Pakistani book trade. A small
number (19 percent) opined that copyright
notices on the books could prevent book piracy.
About half (47 percent) of the respondents were
satisfied with the legal provisions in the Copy-
right Ordinance regarding book piracy.
Although many people in the book trade were
earning well through book piracy, there was an
overall consensus that something should be
done to curtail this bad practice. This trend can
be seen in the respondents’ suggestions about
measures to be taken against book piracy (Table
5). A significant majority (60 percent) suggested
strict enforcement of the copyright law. About
half (48 percent) of the respondents were of the
view that the original editions of textbooks
should be made available at subsidized prices.
Another subject which got the attention of
Khalid Mahmood and Muhammad Ilyas
330
Rank Major
beneficiaries
%
1 Publishers 41
2 Booksellers 39
3 Readers 18
Table 3. Major beneficiaries of book piracy.
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
Table 4. Awareness and opinion about copyright laws.
Rank Measures No. %
1 Strict enforcement of copyright law 50 60
2 Subsidizing original editions of textbooks 40 48
3More efficient role of National Book Foundation in reprinting of
essential books
26 31
4 Encouragement of local writers to write good books 21 25
5 Easy procedures for book import 16 19
6 Publicity of copyright laws 10 12
Table 5. Suggested measures to be taken against book piracy.
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 330
one-third of the respondents was the efficient
role of the National Book Foundation in locally
reprinting foreign books.
Recommendations
Based on the literature reviewed and data
analyzed in this study, the following measures
are suggested to protect copyright and eliminate
book piracy in Pakistan:
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 the legal provisions of copyright law.
The readers may be informed about the dis-
advantages of pirated books, especially about
the bad effects of their printing quality on the
eyesight and understanding of the contents.
National and international publishers’ associ-
ations could sponsor this campaign.
The mechanism of vigilance and enforcement
of the copyright law needs many improve-
ments as there are complaints of corruption
on the part of law enforcing officials and of
delayed judicial proceedings. More efficient
and vigilant officials and prompt judicial pro-
ceedings resulting in strict punishment to the
culprits may have a deterrent effect in general.
Training should be arranged for police,
Federal Investigation Agency (FIA) officers,
customs staff, prosecutors and judges in
dealing with the cases of copyright violation.
The Pakistan Publishers and Booksellers
Association can play an effective role in
curbing book piracy. Membership of indi-
viduals found guilty of copyright violation
after investigation may be cancelled.
Non-availability of low-priced foreign books
should be considered as the main cause of
book piracy in Pakistan. Foreign publishers
should supply textbooks at special prices for
developing countries. For this purpose foreign
publishers can open sub-offices in Pakistan.
Foreign publishers must also be persuaded to
legally confer copyright against reasonable
royalties so that the local publishing industry
can reprint their books cheaply in Pakistan.
The role of the 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 organiz-
ations may be encouraged.
The establishment of the Pakistan Intellectual
Property Rights Organization (PIPRO) by the
Government of Pakistan in 2004 was a step in
the right direction. This organization is still
waiting for government funding and proper
legislation. PIPRO has also been a victim of
non-cooperation on the part of the Ministries
of Education, Home, Commerce, Industry and
Law.
A research cell may be established by the book
trade and the government to analyze factors
causing book piracy and make suggestions on
how can copyright be respected in the
country.
Conclusion
It is a fact that no nation can develop when
creativity and intellectual property are suscep-
tible to damage and destruction instead of being
protected and rewarded. Pakistan has a strict
and clear copyright law but its implementation
is not easy due to certain hurdles. On the
readers’ side, there is a lack of awareness regard-
ing the benefits of the protection of copyright.
Foreign textbooks are in large demand in higher
education institutions but their high prices make
them unaffordable for poor students. This
provides room for piracy. Book pirates are free
to fulfil the market’s needs. The Pakistan govern-
ment’s failure to protect copyright provides the
basis for massive pressure from the world com-
munity. By taking positive steps towards curtail-
ing book piracy Pakistan can earn a good
reputation and trade benefits internationally.
However, the problem of piracy cannot be elim-
inated until local readers are provided with
cheaper books. Foreign publishers, the Pakistan
government, and book trade organizations must
first resolve this issue to achieve positive results
from any measures taken to protect intellectual
property rights in Pakistan.
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November 19.
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industry in Pakistan. In I. Saad and I. Kats (eds)
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About the Authors
Dr. Khalid Mahmood is a Lecturer in Library and
Information Science at the University of the Punjab.
In addition to Master’s and PhD degrees in library
and information science he holds degrees in law and
Islamic studies, he is President, Pakistan Library
Automation Group. He has published five books,
contributed 45 research articles to professional
journals, and presented many papers at national
and international conferences. He is Managing
Editor, Pakistan Journal of Library & Information
Science and Editorial Advisor, Pakistan Library &
Information Science Journal. He has organized
many courses and workshops, particularly on library
automation. He may be contacted at: Department
of Library and Information Science, University of the
Punjab, Lahore, Pakistan. Tel. +92 42 9231224.
E-mail khalid@dlis.pu.edu.pk
Muhammad Ilyas is an Assistant Professor of Library
and Information Science at the University of
Balochistan. His MPhil thesis was on ‘The status of
copyright and book piracy in Pakistan’. He has
obtained a Diploma in Library Management from
Haagse Hogeschool, Netherlands and is also a
graduate in law and Islamic studies. Presently he is
doing doctoral research on library and information
science education in Pakistan. He is President,
Balochistan Chapter, Pakistan Library Automation
Group. He has contributed 14 research articles to
professional journals and many presentations in
seminars and conferences. He may be contacted at:
Department of Library and Information Science, Uni-
versity of Balochistan, Quetta, Pakistan. Tel. +92
81 440406.
Khalid Mahmood and Muhammad Ilyas
332
05_mahmood_061397 (jk-t) 30/11/05 1:11 pm Page 332
... Cost of litigation and enforcement: Mahmood & Llyas (2005), notes Pakistan has clear and strict laws, but the cost of enforcement and legal redress is long and costly. The cost involved in the investigation and the long processes of the justice systems in many countries cannot be effectively afforded by many authors. ...
... The cost involved in the investigation and the long processes of the justice systems in many countries cannot be effectively afforded by many authors. Other previous scholars like Mahmood & Llyas (2005) and Odu & Bassey (2015), observed that other countries like Pakistan and Nigeria have laws but the cost of enforcement and legal redress is long and costly for the authors. This deters people from pursuing justice and redress. ...
... Generally, the cost of court redress starting from facilitating officers to go for raids and following up the case to its conclusion is costly for many authors. This is not unique to Uganda as previous scholars like Mahmood & Llyas (2005) and Odu & Bassey (2015) also noted that countries like Pakistan and Nigeria have laws but the cost of enforcement and legal redress is long and costly for the authors. ...
Article
This paper examines the legal framework for curbing book piracy in Uganda. The paper sought to address the following objectives: to establish the forms of book piracy practiced; to establish the existing legal frameworks and efforts to curb book piracy; investigate the level of awareness of the legal framework among book printers and its implications on book piracy; to examine the scope of counter-piracy enforcement powers and the law; to identify the setbacks in the enforcement of the legal framework on book piracy. A case study research design and qualitative research paradigm were adopted. Focus Group Discussions (FGDs), unstructured interviews and Document reviews were the data collection methods. The study findings reveal that: duplication, circumventing e-Books and plagiarism are the common forms of book piracy practiced; the legal and institutional frameworks are in place putting in efforts such as awareness and sensitization, engagement with universities, and promotion of the use of holograms; book printers were found to be moderately aware of the legal framework, but they were not deeply knowledgeable of many provisions of the laws; the laws as they are, are ineffective. The setbacks in the enforceability included: the high cost of registration, difficulty in differentiating between genuine and pirated books. The study concludes that different forms of book piracy are practiced in Uganda and that efforts are being undertaken to avert the practice. The study recommends the revision of the existing legal framework; adoption and promotion of security features and restructuring of the copyright registration process among others.
... The International Intellectual Property Alliance represents about 1300 U. S companies producing and distributing materials protected by copyright laws throughout the world. In their annual review report it was mentioned that due to book piracy in Pakistan in 1995 the loss suffered by U.S companies was 30bn$ which later on rose to 52bn$ in 2004 (Mahmood and Ilyas, 2005). ...
... Major changes were made in it through the Copyright (Amendment) Act 1992 and the Copyright (Amendment) Ordinance 2000. The amendments made in 2000 Copyright Ordinance provides a much more stronger platform and tools to control piracy i.e. the registrars authority was broadened, the amount of fine was raised to 1680$ although one amendment was criticized by the international publishing industry and that is the permission given by the government to any institution in Pakistan including National Book Foundation to reprint without permission of the author and without paying royalty (Mahmood and Ilyas, 2005). ...
Article
Full-text available
The Federal Investigation Agency (FIA) is a counter-intelligence, criminal investigation and security agency of the Islamic Republic of Pakistan which was established in 1975. The Economic Crime Wing (ECW) of the FIA has the mandate to protect the Intellectual Property Rights (IPR) of the people of Pakistan. The main objective of this study is to investigate the role of FIA against the crime of book piracy in Pakistan. To achieve this objective, data was collected from the annual administration reports of FIA. The study found that FIA has been playing a vital role against the crime of book piracy in Pakistan. Through their prescribed procedures, FIA has been initiating inquires and registering cases against the culprits and confiscating the pirated books. The study suggests that easy legal redressal and mass public awareness can reduce the criminal act of book piracy in Pakistan. The study further suggested to the government of Pakistan to provide all out support to the FIA to make its role more effective against piracy and to safeguard intellectuals at national and international level.
... The Copyright Ordinance, 1962 replaced the earlier Copyright Act, 1914 (Bashir and Khan, 2016a). However, in order to extend the scope of protection to new material and ensure stringent enforcement of copyright, different provisions have been made in the ordinance, which determine when a work is in violation of copyright (Mahmood and Ilyas, 2005). ...
Article
Library and information science professionals are considered to have appropriate skills and competencies with regard to copyright and related issues. Using a quantitative survey at the provincial level (Khyber Pakhtunkhwa), the copyright literacy of library and information science professionals was investigated in Pakistan. Out of 311 respondents, 279 participated in the survey. The results indicate that library and information science professionals are somewhat familiar with copyright and related issues. The majority of them (94%) mentioned that published materials such as books and articles are under the protection of copyright. Similarly, 73% were aware of local copyright laws; however, they were less familiar with international copyright legislation. Library professionals mentioned that the current library and information science curriculum is not providing adequate knowledge about copyright, therefore, most (94%) expressed the need to include copyright legislation and basic concepts of copyright in the library and information science curriculum at all levels. The findings suggest practical measures to enhance the level of the copyright literacy of Pakistani library and information science professionals.
... Obviously their incomes are hardly meeting their necessary expenses. Mehmood & Ilyas (2005) state that different surveys disclose that the main cause of book piracy is the high prices of foreign books. Through book piracy domestic publishers and book traders gets major benefits. ...
... What can be said however is that the presence of foreign publishers allows commercial partnerships which offer the advantage of combating piracy. The problem of piracy is said to be more severe in Pakistan than in India (Mahmood & Ilyas 2005). Indeed, in India's neighboring country, the trend of illegally reproducing foreign titles has become highly problematic and it is one of the main missions of the National Book Foundation to reprint and sometimes translate foreign titles with the permission of the original publisher. ...
Article
Full-text available
The landscape of book fairs is changing: as new events are appearing, especially in emergent economies, the world's greatest book fairs are revising the way they organize themselves and are giving space to the new players in the industry, including technological enterprises. Book events are becoming less "literary" and more "technological." In India, however, many book events revolve around the literary scene and endeavor to highlight the merits of "Indian" literature-a concept which, in itself, is hard to define. A number of questions arise: What is the importance of India in the international book world as a publishing center? What are the Indian book industry's relations with other book markets around the world? How have business practices at fairs and festivals changed in the last decade and how are they likely to change further? Do book fairs still play the same role in the promotion of literature? What do India's book fairs and festivals have to offer? The aim of this paper is to consider these important questions and to map out India's path in the book trade of the 21st century.
Article
Full-text available
The research investigates the issues confronting the Pakistani book publishing sector since books are an efficient means of communication for rhetoric. A theoretical research approach was chosen, and secondary information was acquired by examining numerous relevant and genuine sources. The study has used functionalism and value change theory; it indicates that an individual should know the subject accurately before modifying their values. Each subsystem is expected to contribute significantly to the society' s continuity and orderly functioning. The book is necessary for the continued survival, progress, and advancement of civilization. Without any of the publishing sector, there would be no books. Book publication plays a vital role in every civilization since it allows for the spread and diffusion of information. It is a component of a knowledge distribution system. There have been issues confronting the Pakistani book publishing sector, such as poor reading culture, government regulation, piracy, Improper finance, and a lack of knowledge. The study suggests that stakeholders develop creative solutions that can meet the industry' s people and material requirements. According to the investigation, stakeholders in the publishing sector should develop a healthy publishing industry. Private investors, such as financial institutions and influential people, should contribute significantly to the massive capital inflow. The government should begin developing strategies to reduce the issue of piracy and charge lower import tariffs on publishing appliances. The problem of book piracy is rooted in social, economic, scholarly, and legal factors. Finally, publishing companies should make it a point to provide their technical employees with appropriate technical education .
Article
Full-text available
Copyright infringement is the violation of copyright laws. The most common infringement of copyright is piracy. Piracy is generally known as the deliberate infringement of copyright and an absolute disregard for ownership or authorship of literary works. The phenomenon of piracy stems from social, economic and legal backgrounds. The main objective of this study is to investigate the main causes of book piracy in Khyber Pakhtunkhwa and give possible measures and to improve the current situation. Based on qualitative approach an interview technique was designed to carry out this study. The population of this study were the registered publishers (N=14) in Khyber Pakhtunkhwa. Out of 14 publishers 10 participated in the study whereas 4 declined to participate. On this proportionate the response rate was 71.4%. The study found that lack of knowledge on the part of the publishers regarding copyright laws was the main factor of book piracy in the province. The study suggests that in order to curb book piracy there is great need of educating the publishers' community and general masses about the demerits of piracy.
Article
Full-text available
Piracy is generally known as the deliberate infringement of copyright and an absolute disregard for the ownership or authorship of literary works. The phenomenon of book piracy stems from social, economic, academic and legal backgrounds. This work is an attempt to study the dilemma of book piracy in Pakistan through literature review. The study finds that various factors are contributing to the phenomenon of book piracy; including misconceptions about piracy, low level of literacy on the part of users, difficulties in accessing legitimate works in under developing country like Pakistan, and complicated legal procedures. The study suggests large level awareness programs about copyright laws and book piracy among the general public and the intellectual property owners by all available means. The government should take initiatives to improve the legislation relating to copyright to cope up with the socioeconomic and technological developments. The study further suggests that Intellectual Property laws may be included in the law curriculum for establishing the academic background of students and faculty in Pakistan.
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