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Copy cats robbing book industry
Authors, publishers losing millions to people who photocopy material
BY HG HELPS Editor-at-Large Investigative Coverage Unit icu@jamaicaobserver.com
Sunday, January 31, 2010
IT is estimated that thousands of students engage in the activity, although many of them are not aware of the dangers involved and the possible consequences.
But photocopying of copyrighted material has become commonplace in the Jamaican education sector, moreso at the tertiary level, leaving those who produce and distribute the material financially battered and defeated.
FULLER... says need to know that they can't take someone else's work and use it like that
This examination copy of Peter F Olivia's Developing the Curriculum was photocopied at a Kingston copy shop.
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FULLER... says need to know that they can't take someone else's work and use it like that
1/2 
Authors of books and those who publish the material are particularly and directly affected, as they estimate that hundreds of millions of dollars, which would normally have landed in their bank accounts, are instead fattening the pockets of education pirates in many instances.
"It is a whole heap of money that the book industry has been suffering by way of losses," president of the Book Industry Association of Jamaica Franklin McGibbon told the Sunday Observer in an interview.
"Losses to the industry are running well into several millions," McGibbon said.
Checks by the Sunday Observer showed that photocopying of published material is widespread and most of the colleges and universities, as well as primary and secondary schools, were involved in the practice.
At two Kingston-based institutions, two books picked at random were fully photocopied and sold to students. In one instance, copies were sold to students by a tutor and in the other, by the college's administration.
Photocopying shops located across Jamaica are also among the sources of supply to students.
They thrive on the work of authors and the sweat of publishers and in turn make millions from the activity by selling to students who opt for the easy way out, due mainly to financial considerations on the one hand and convenience on the other.
The Jamaican Copyright Licensing Agency (JAMCOPY), a non-profit organisation formed in 1998 and which is responsible for managing reproduction rights of authors and publishers, was, among other things, established by the Book Industry Association to protect the work of authors and publishers, although it would argue that its job is to educate and not to police the industry.
On its website, JAMCOPY states that through its licences it "provides a centralised, easy and affordable mechanism through which users have access to, and can legally reproduce extracts of copyright material published in print -- books, periodicals and journals. The proceeds from the licence are distributed to copyright holders after deduction of administration costs".
However, not all publishers have agreed to that, as one of the largest, Pearson, has not signed the document. Proceeds therefore, are not submitted to Pearson by JAMCOPY.
"A check with Pearson's legal department has uncovered the fact that they are not a party to any agreement signed with the Copyright Clearance Centre," said Sharon Neita, executive director of the Book Merchant, the local representative for Pearson, an international media company that has 34,000 employees in 60 countries around the world working in its business information, education and consumer publishing divisions.
The Book Merchant distributes books mainly for tertiary level students.
"Are these fees going to be paid over to Pearson, even though they are not party to this agreement?," asked Neita.
"Local publisher representatives work on a commission basis. A check with other local publisher representatives has confirmed that they have never received any compensation since the start of this new arrangement in 2004," she said.
"The common practice is to give the instructor an inspection copy and then if the book is adopted, the revenues will be realised through student purchases. In the case of one private university college, the book photocopied was the examination copy. The publisher therefore made absolutely no money from that adoption," she said.
According to JAMCOPY's website, the Jamaica Copyright Act 1993 gives all creators sole and exclusive right to publish and reproduce their work in any form.
"JAMCOPY therefore acts as a bridge between creators and users of copyright material, offering an efficient and convenient service whereby the society can benefit from the works of creators while respecting copyright and complying with the Jamaica Copyright Act.
"JAMCOPY's formation was spearheaded by a national taskforce of authors and publishers organised under the auspices of the Book Industry Association of Jamaica. The Taskforce was guided by the then Copyright Unit of the Ministry of Commerce and Technology (now the Jamaica Intellectual Property Office) and received technical and financial support from the Canadian Copyright Licensing Agency (now Access Copyright) acting on behalf of the International Federation of Reproduction Rights Organisation (IFRRO)," it stated.
Owner and managing director of Kingston Bookshops and newly appointed custos of Kingston, Steadman Fuller, said that his organisation had suffered huge losses from the practice of irregular photocopying.
"It is widespread. A number of institutions are using reproduced material, particularly after the students have started the first year," Fuller said.
"For example, in an enrolment of 200 students, we are never ordering more than 10 to 15 per cent of that for that area of study. People need books to complete their studies. It boils down to the fact that people feel that information should be free. Some complain about spending up to $12,000 to buy books for one year," he said.
"Some publishers are hesitant to bring litigation because of the possible backlash from tutors and lecturers that you are limiting education. It hasn't reached home. The society doesn't recognise it. They need to know that they can't take someone else's work and use it like that," Fuller said.
Neita is insisting that more should be done to deter violators.
"Sales of textbooks have gone down a lot, which is caused by photocopying," Neita said.
"I represent Pearson, which has 60 per cent market share at the college level. Our sales have gone down dramatically. Historically, people just think that the first option is to photocopy," added Neita.
"When I was a student, I didn't think that it was wrong, but later on in life I got to understand what was right. A lot of people are ignorant of photocopying rules. Colleges don't do anything to sensitise them about it. There are no sanctions. Everyone just breaks the rules and nobody polices it," she said.
"In the music industry, every now and again there is a raid by police on people selling (bootleg) DVDs or CDs. We don't have that in the book industry," Neita pointed out.
"A lot of photocopying goes on in the business places, so there is no cost to those photocopying. Some in colleges photocopy entire books, bind them and sell them to the students. They sell the photocopied book at a lower price. Some even sell at half price," she said.
Carlong Publishers, a major supplier of books at the primary and secondary school levels, has seen sales of its textbooks fall considerably in recent years.
The company's publishing manager, Dorothy Noel, is moaning the widespread use of published material in irregular ways, by those not authorised to do that.
"We get hit heavily and it is a serious threat to the viability of the publishing industry," Noel told the Sunday Observer.
"At the primary level, books like language arts, mathematics, social studies and science are photocopied. At the secondary level, they tend to photocopy those that are very popular. At the CSEC level, for example, there is a book, Carlong English by Keith Noel (her husband), Carol Gunther Clarke and Sheilah Garcia Bisnott that has been photocopied extensively. The CSEC book has a study guide approach to it and we put together three of the top people to write the project. They have a right to get a return on their investment," Noel argued.
"It is costing the company a lot. There are people who will photocopy and sell the work of others, so they benefit financially while the publishing company gets nothing from that and is not able to invest in other products. Publishers and authors have invested their creative energies and time in putting out books. On all fronts the investors are losing. Carlong has lost millions," she said.
JAMCOPY official Nordia Young told the Sunday Observer that education, the same thing that illegal photocopiers were seeking, was one way in which offenders could be curbed into going the straight path.
Young said that JAMCOPY was examining ways of putting measures in place to reduce the practice.
"The law gives five per cent where there is no organisation," she said.
"We are aware of the widespread breaches and that's why we were set up by the book industry. Persons think that once they purchase a book, they can do as they like with it and that should not be so," she said.
The Copyright Act is clear on violators. Sections 56 through 60 of the Act under the Laws of Jamaica outline clearly what may be done in respect of using someone else's work.
"Subject to the provisions of this section, reprographic copies of passages from published literary, dramatic or musical works may be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement," the law says.
"Not more than five per cent of any work may be copied by or on behalf of an educational establishment by virtue of this section in any quarter, that is to say, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 30th September or 1st October to 31st December.
"Copying is not authorised by this section if, or to the extent that, licences are available authorising the copying in question and the person making the copies knew or ought to have been aware of that fact.
"Where a licence is granted to an educational establishment authorising the reprographic copying of passage from any published literary, dramatic or musical work, for use by the establishment, then, any term of that licence which purports to restrict the proportion of work which may be copied (whether on payment or free of charge) to less than that permitted under this section shall be of no effect.
"Where a copy of a work would be an infringing copy if the making thereof were not authorised under section 56, 58 or 59 and such copy is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright for all subsequent purposes," the Act states.
If found guilty, offenders can be imprisoned or fined or slapped with both. Fines can range from $50,000 to $100,000 in a Resident Magistrate's Court and prison time of between one and two years, depending on the relevant offence.
If the matter becomes one for the Home Circuit Court, guilty parties can be jailed for a period of between three and five years, or be ordered to pay fines, or both.
While they will quickly wash their hands of such irregular activities, tutors, lecturers and school administrations are often involved in selling photocopied material to students.
An examination copy of Developing the Curriculum by Peter F Oliva, given to an instructor at a popular Kingston-based college as a free copy, was photocopied in full and sold to students, one of whom still has a receipt to prove.
Some institutions declined to comment when the Sunday Observer asked for a response. One leading tertiary institution promised to respond to questions posed by this newspaper, but had not done so up to press time.
Copy shops, many of which have sprung up across Jamaica, also do it without asking any question.
The Sunday Observer has receipts from two companies, which copied two books entirely without asking about copyright infringements.
"We can do this in black and white or colour, which would you like?" was one of the questions asked.
"Do you want us to bind them?' was another question, after which the prices for both colour and black and white copies were quoted.
The final price was also dependent on what was being requested and how soon it was needed.
"The practice is not just in Jamaica, it is right across the Caribbean. People just don't know that it's something they should not do," said Neita. "Trinidad & Tobago shut down a company a few years ago for illegal photocopying. Publishers need to do more. We are in the process of sensitising people through our legal department."
McGibbon said that behind the scenes initiatives to curb illicit photocopying were underway.
"There are some things that we have to discuss with JAMCOPY, in terms of the parameters of the licence. They are granters of licences. We hope to meet privately with some of the main offenders, especially the universities, and the Ministry of Education, because things can very well take on a legal complexion," he said.
http://www.jamaicaobserver.com/news/Book-industry
Authors, publishers losing millions to people who photocopy material
BY HG HELPS Editor-at-Large Investigative Coverage Unit icu@jamaicaobserver.com
Sunday, January 31, 2010
IT is estimated that thousands of students engage in the activity, although many of them are not aware of the dangers involved and the possible consequences.
But photocopying of copyrighted material has become commonplace in the Jamaican education sector, moreso at the tertiary level, leaving those who produce and distribute the material financially battered and defeated.
FULLER... says need to know that they can't take someone else's work and use it like that
This examination copy of Peter F Olivia's Developing the Curriculum was photocopied at a Kingston copy shop.
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FULLER... says need to know that they can't take someone else's work and use it like that 1/2 "It is a whole heap of money that the book industry has been suffering by way of losses," president of the Book Industry Association of Jamaica Franklin McGibbon told the Sunday Observer in an interview.
"Losses to the industry are running well into several millions," McGibbon said.
Checks by the Sunday Observer showed that photocopying of published material is widespread and most of the colleges and universities, as well as primary and secondary schools, were involved in the practice.
At two Kingston-based institutions, two books picked at random were fully photocopied and sold to students. In one instance, copies were sold to students by a tutor and in the other, by the college's administration.
Photocopying shops located across Jamaica are also among the sources of supply to students.
They thrive on the work of authors and the sweat of publishers and in turn make millions from the activity by selling to students who opt for the easy way out, due mainly to financial considerations on the one hand and convenience on the other.
The Jamaican Copyright Licensing Agency (JAMCOPY), a non-profit organisation formed in 1998 and which is responsible for managing reproduction rights of authors and publishers, was, among other things, established by the Book Industry Association to protect the work of authors and publishers, although it would argue that its job is to educate and not to police the industry.
On its website, JAMCOPY states that through its licences it "provides a centralised, easy and affordable mechanism through which users have access to, and can legally reproduce extracts of copyright material published in print -- books, periodicals and journals. The proceeds from the licence are distributed to copyright holders after deduction of administration costs".
However, not all publishers have agreed to that, as one of the largest, Pearson, has not signed the document. Proceeds therefore, are not submitted to Pearson by JAMCOPY.
"A check with Pearson's legal department has uncovered the fact that they are not a party to any agreement signed with the Copyright Clearance Centre," said Sharon Neita, executive director of the Book Merchant, the local representative for Pearson, an international media company that has 34,000 employees in 60 countries around the world working in its business information, education and consumer publishing divisions.
The Book Merchant distributes books mainly for tertiary level students.
"Are these fees going to be paid over to Pearson, even though they are not party to this agreement?," asked Neita.
"Local publisher representatives work on a commission basis. A check with other local publisher representatives has confirmed that they have never received any compensation since the start of this new arrangement in 2004," she said.
"The common practice is to give the instructor an inspection copy and then if the book is adopted, the revenues will be realised through student purchases. In the case of one private university college, the book photocopied was the examination copy. The publisher therefore made absolutely no money from that adoption," she said.
According to JAMCOPY's website, the Jamaica Copyright Act 1993 gives all creators sole and exclusive right to publish and reproduce their work in any form.
"JAMCOPY therefore acts as a bridge between creators and users of copyright material, offering an efficient and convenient service whereby the society can benefit from the works of creators while respecting copyright and complying with the Jamaica Copyright Act.
"JAMCOPY's formation was spearheaded by a national taskforce of authors and publishers organised under the auspices of the Book Industry Association of Jamaica. The Taskforce was guided by the then Copyright Unit of the Ministry of Commerce and Technology (now the Jamaica Intellectual Property Office) and received technical and financial support from the Canadian Copyright Licensing Agency (now Access Copyright) acting on behalf of the International Federation of Reproduction Rights Organisation (IFRRO)," it stated.
Owner and managing director of Kingston Bookshops and newly appointed custos of Kingston, Steadman Fuller, said that his organisation had suffered huge losses from the practice of irregular photocopying.
"It is widespread. A number of institutions are using reproduced material, particularly after the students have started the first year," Fuller said.
"For example, in an enrolment of 200 students, we are never ordering more than 10 to 15 per cent of that for that area of study. People need books to complete their studies. It boils down to the fact that people feel that information should be free. Some complain about spending up to $12,000 to buy books for one year," he said.
"Some publishers are hesitant to bring litigation because of the possible backlash from tutors and lecturers that you are limiting education. It hasn't reached home. The society doesn't recognise it. They need to know that they can't take someone else's work and use it like that," Fuller said.
Neita is insisting that more should be done to deter violators.
"Sales of textbooks have gone down a lot, which is caused by photocopying," Neita said.
"I represent Pearson, which has 60 per cent market share at the college level. Our sales have gone down dramatically. Historically, people just think that the first option is to photocopy," added Neita.
"When I was a student, I didn't think that it was wrong, but later on in life I got to understand what was right. A lot of people are ignorant of photocopying rules. Colleges don't do anything to sensitise them about it. There are no sanctions. Everyone just breaks the rules and nobody polices it," she said.
"In the music industry, every now and again there is a raid by police on people selling (bootleg) DVDs or CDs. We don't have that in the book industry," Neita pointed out.
"A lot of photocopying goes on in the business places, so there is no cost to those photocopying. Some in colleges photocopy entire books, bind them and sell them to the students. They sell the photocopied book at a lower price. Some even sell at half price," she said.
Carlong Publishers, a major supplier of books at the primary and secondary school levels, has seen sales of its textbooks fall considerably in recent years.
The company's publishing manager, Dorothy Noel, is moaning the widespread use of published material in irregular ways, by those not authorised to do that.
"We get hit heavily and it is a serious threat to the viability of the publishing industry," Noel told the Sunday Observer.
"At the primary level, books like language arts, mathematics, social studies and science are photocopied. At the secondary level, they tend to photocopy those that are very popular. At the CSEC level, for example, there is a book, Carlong English by Keith Noel (her husband), Carol Gunther Clarke and Sheilah Garcia Bisnott that has been photocopied extensively. The CSEC book has a study guide approach to it and we put together three of the top people to write the project. They have a right to get a return on their investment," Noel argued.
"It is costing the company a lot. There are people who will photocopy and sell the work of others, so they benefit financially while the publishing company gets nothing from that and is not able to invest in other products. Publishers and authors have invested their creative energies and time in putting out books. On all fronts the investors are losing. Carlong has lost millions," she said.
JAMCOPY official Nordia Young told the Sunday Observer that education, the same thing that illegal photocopiers were seeking, was one way in which offenders could be curbed into going the straight path.
Young said that JAMCOPY was examining ways of putting measures in place to reduce the practice.
"The law gives five per cent where there is no organisation," she said.
"We are aware of the widespread breaches and that's why we were set up by the book industry. Persons think that once they purchase a book, they can do as they like with it and that should not be so," she said.
The Copyright Act is clear on violators. Sections 56 through 60 of the Act under the Laws of Jamaica outline clearly what may be done in respect of using someone else's work.
"Subject to the provisions of this section, reprographic copies of passages from published literary, dramatic or musical works may be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work or in the typographical arrangement," the law says.
"Not more than five per cent of any work may be copied by or on behalf of an educational establishment by virtue of this section in any quarter, that is to say, in any period 1st January to 31st March, 1st April to 30th June, 1st July to 30th September or 1st October to 31st December.
"Copying is not authorised by this section if, or to the extent that, licences are available authorising the copying in question and the person making the copies knew or ought to have been aware of that fact.
"Where a licence is granted to an educational establishment authorising the reprographic copying of passage from any published literary, dramatic or musical work, for use by the establishment, then, any term of that licence which purports to restrict the proportion of work which may be copied (whether on payment or free of charge) to less than that permitted under this section shall be of no effect.
"Where a copy of a work would be an infringing copy if the making thereof were not authorised under section 56, 58 or 59 and such copy is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing and if that dealing infringes copyright for all subsequent purposes," the Act states.
If found guilty, offenders can be imprisoned or fined or slapped with both. Fines can range from $50,000 to $100,000 in a Resident Magistrate's Court and prison time of between one and two years, depending on the relevant offence.
If the matter becomes one for the Home Circuit Court, guilty parties can be jailed for a period of between three and five years, or be ordered to pay fines, or both.
While they will quickly wash their hands of such irregular activities, tutors, lecturers and school administrations are often involved in selling photocopied material to students.
An examination copy of Developing the Curriculum by Peter F Oliva, given to an instructor at a popular Kingston-based college as a free copy, was photocopied in full and sold to students, one of whom still has a receipt to prove.
Some institutions declined to comment when the Sunday Observer asked for a response. One leading tertiary institution promised to respond to questions posed by this newspaper, but had not done so up to press time.
Copy shops, many of which have sprung up across Jamaica, also do it without asking any question.
The Sunday Observer has receipts from two companies, which copied two books entirely without asking about copyright infringements.
"We can do this in black and white or colour, which would you like?" was one of the questions asked.
"Do you want us to bind them?' was another question, after which the prices for both colour and black and white copies were quoted.
The final price was also dependent on what was being requested and how soon it was needed.
"The practice is not just in Jamaica, it is right across the Caribbean. People just don't know that it's something they should not do," said Neita. "Trinidad & Tobago shut down a company a few years ago for illegal photocopying. Publishers need to do more. We are in the process of sensitising people through our legal department."
McGibbon said that behind the scenes initiatives to curb illicit photocopying were underway.
"There are some things that we have to discuss with JAMCOPY, in terms of the parameters of the licence. They are granters of licences. We hope to meet privately with some of the main offenders, especially the universities, and the Ministry of Education, because things can very well take on a legal complexion," he said.
http://www.jamaicaobserver.com/news/Book-industry