WIPO National Seminar on Copyright-Based Business: Authorship, Publishing, and Access to Information Islamabad November 2007 Role of Reprographic Rights Organizations: Collection and Distribution of Royalties Ameena Saiyid Managing Director Oxford University Press, Pakistan

AIM Copyright protection and prevention of piracy, respect for Intellectual Property Rights and accessibility of protected works

Rampant and growing book piracy Inadequate laws: Cognizable and non- bailable but … Weak enforcement The mindset Lack of awareness and knowledge among the public, government, and judiciary THE ISSUES

Corruption Smuggling from Iran/Afghanistan/India Piracy of holograms/watermarked paper THE ISSUES (CONT.)

Section 36 (3) of the Copyright Ordinance reads as follows: “(3) The Federal Government or the Board may, upon an application by any governmental or statutory institution, in the public interest, grant a license to reprint, translate, adapt or publish any text book on non-profit basis” No minimum punishment IMPROVEMENT NEEDED IN LAWS

CONSEQUENCES Brand image diminished Legitimate publishers withdrawal Authors deprived/impoverished Creative output reduced

FORMS OF PIRACY Major Production Smuggling Minor Copying Plagiarism

Microelectronic Circuits – Sedra and Smith Pirated copies are available in the market at retail Rs 650, which is more expensive than the OUP book Piracy of 4th edition, while OUP has published 5th edition UNAUTHORIZED REPRINT

Pirated Original UNAUTHORIZED REPRINT

Sindh Textbook Board – pub. April 04 OUP – pub. Feb 02 PLAGIARISM

FORMS OF PIRACY (CONT.) Single copies are obtained from Amazon and used for production Pirated books are smuggled from Iran and Afghanistan overland Market rights are infringed by importing books into Pakistan from India for which there are no market rights for Pakistan Run-ons are produced for pirates by printers Photocopies are made in the market

MYTHS & FALLACIES Only foreign publishers and authors from the first world are affected … Pirates make books cheaper Only expensive, imported books are pirated

MYTHS & FALLACIES (CONT.) Pirates would stop if reprint/ reprographic rights are given Pirates work for the social good Pirates provide cheap books Pirates facilitate availability of books Poor countries have no choice

PITFALLS OF PASSING REPRODUCTION RIGHTS Film makers make additional set of films Printers produce run-on copies without the knowledge and consent of the publisher Publishers print more copies than they declare Supplementary warehousing done in unmarked stores Checking of sales records and other related documents to determine sales quantities and terms of sales Difficulties in Checking and Monitoring Production, Warehousing, and Sales:

PITFALLS (CONT.) Mindset and Practice Copyright is not taken seriously and its infringement is shrugged off lightly Any specific or limited approval is abused by using it a blanket approval Reproduction is done in excess of approved quantities, editions, territorial rights, or time-frame

PITFALLS (CONT.) Calculations and Payments of Royalties Royalties are miscalculated by suppressing print runs and sales quantities The maintenance of records is poor and authors are denied access to records related to their books Royalty statements are generally not provided and, when they are, they are not audited. In rare cases when they are, the audit companies are not reputable Even the incorrect royalties are not paid as a matter of course

PITFALLS (CONT.) Quality of Reproduction The quality of reproduction is so poor that the image of the original publisher is adversely affected

RROs Basis of Operations of Reproduction Rights Organization in other Countries Most RROs work on the basis or presumption that content users will proactively contact copyright owners for permission RROs are effective when it is impossible for rights holders to exercise their exclusive rights individually and they turn to a collective system

RROs (CONT.) Individual or Collective Management of the Collection and Distribution of Royalties in Pakistan. Possible for rights holders in Pakistan to act individually if they are publishers Most local publishers have their own infrastructure for paying royalties Most foreign publishers have agents or representatives in Pakistan who protect their copyright

RROs (CONT.) Proposed establishment of an RRO in Pakistan This could work only if the RRO extends the scope of their work from the administration of collective collection and distribution of royalties to investigation, litigation, and enforcement. The establishment of an RRO in Pakistan should be preceded by: Reducing the large scale, rampant, and growing piracy Awareness raising campaign for the public, government authorities, and lawmakers Training sessions to change mindset of government officials and decision makers to the importance of effective IPR legislation and its enforcement Dissemination of lessons and best practices from RRO initiatives in other countries

RROs (CONT.) Not the right time Culture of copyright does not exist Even low-priced books published by various textbook boards are pirated Low-priced books developed and produced locally by Oxford University Press are pirated The price paid by students and parents for pirated books are the same as of original books. The middle man gets a higher discount. End users are cheated into thinking they are buying original books

RROs (CONT.) Not the right time Books pirates are not small traders, schools, or universities. Photocopying done there is miniscule Book pirates are powerful and dangerous criminals with deep pockets with strong links to the drugs and extremists’ mafia Would the RRO like to enter into an arrangement with them and try to collect royalties

THE WAY FORWARD Amend laws Strengthen enforcement Undertake a media campaign aimed at raising the public profile of the issue Raise consumer awareness of the disadvantage indeed dangers of using pirated books Mobilize public opinion to pressure policy and law makers to review and strengthen laws and their enforcement. Ask celebrities to join the campaign and mention the issue at performances and any other forum.

THE WAY FORWARD (CONT.) Passing reprographic rights or the collective collection of royalties is not the solution as the problem has gone far beyond that stage.