Copy right and wrong

By Aakriti Agarwal

At the Delhi Book Fair a lively panel session on copyright was organised on 31 August jointly by Kitab, the joint venture of the Abu Dhabi Authority for Culture and Heritage and the Frankfurt Book Fair. The panel included Urvashi Butalia, publisher Zubaan; copyright lawyer Chander Lall, two representatives from the Federation of Indian Publishers – Anant Bhushan, General Secretary, Indian Reprographic Organisation (IRRO) and Siddharth Arya, legal advisor to the IRRO. The discussion was moderated by Naresh Khanna, editor of Indian Printer and Publisher.

Butalia with over 35 years of experience in publishing, said that the industry is structured around the copyright issue. “India has been at the forefront of leading developing countries in recognizing the imbalances in the power of place of knowledge and therefore demanding this historical imbalance should be set right. So India led a move in the international copyright arena of compulsory licensing which meant that if a foreign publisher was not willing to make a cheap edition of their book available in India then given certain conditions, the Indian publisher had the right to publish and print the book in India compulsorily by taking licenses and had to pay royalties. But there has not been one book that was published in India using compulsory licensing although this was a very important move for India to make,” said Butalia.

Pirates are not bothered about knowledge, they do it for the money. Butalia adds, “the issue is whether small and big publishers could publish ethically,” and she discovered that it was possible. She said that buying the rights was an issue because it was expensive but foreign publishers can be convinced to make rights available at reasonable rates if they are convinced of the business issues in a particular market.

Reflecting on some numbers, Lall told the audience about the scale of copyright infringements. The Association of Indian Motion Pictures does about 700 cases a year and the Indian Music Industry (IMI) does 3,000 cases a year for the music industry. There are at least 10,000 copyright cases in the criminal justice system of India, he said. There is less litigation over print, Lall pointed out, because publisher’s budgets are lower. However a lawyer who is associated with a Publisher’s Association does 100 cases a year. The average time for resolution is very long, he says and “it does go into years unfortunately.”

There are four intellectual properties -trademark, copyrights, patents and designs. “The moment you create, you get copyright, not only in India but across the world,” Lall said. Any work of creativity is a subject matter of copyright. The six copyright areas are literary works, musical works, artistic works, dramatic works, sound recordings and films. Coming to the digital media, every matter on the Internet is a subject matter of copyright. If you cut and paste, copyright is violated. Even if someone takes a few seconds of a music piece, s/he becomes a copyright infringer. Scripts and films are subject to copyright too.

Copyright is a bundle of rights. Lall explained that to translate a book is one right and to sell it in a different country is another. Publishing it in paperback or hardback are two different copyrights. Music to be sold in VCDs and DVDs require two copyrights and if you have the right to run a movie in one theatre then it cannot be run anywhere else. Copyright is not given verbally, it has to be in written or else it is considered piracy or infringement of law.

The duration of copyright cover on any creative content is the life of the author plus 60 years which implies that till after 60 years of the author’s demise, the work cannot be copied. Lall pointed out that if the author dies in January then s/he gets one extra year because the year the author dies in, is exempted.

The difficult realm of copyright is to gauge how much of the content is an inspiration and what percentage is copied from another source without due credit. If you have created and given rights verbally and not in writing to anyone then it is legally with the creator of the content. Explaining that copyright is a very untested and uncharted area, Lall described a case against a movie rental library where movies were contributed and exchanged among members of the club. It was a non-commercial activity and sounded like “reasonable use” but the High Court ruled it as case of copyright infringement.

Siddarth Arya added that, “It is usually cheaper to get the permission than try to circumvent it.” Arya talked about the Indian Reprographic Rights Organisation (IRRO) which helps authors and publishers with copyrights, photocopying, and scanning issues. The publisher thus goes to one place, applies for the rights and gets it at reasonable price. There is a Reprographic Rights Organisation (RRO) in many countries and IRRO has bilateral agreements with them to help Indian authors and publishers.

Although the discussion mainly centred on illegal use and plagiarism and not strictly on piracy in publishing, the connections were there. It became clear that although this is not a difficult subject there is much to learn and a great amount of detail and compliance to sort out for both publishers and authors.

Delhi police cracks down on book piracy

Pirate warehouse and printing press sealed

The Publishers Association and Association of Publishers of India have met with success in their anti-piracy effort against local a publishers and printer in Delhi. The raids that took place in Delhi over two days – 21 and 22 August 2009 were conducted following an investigation in which the PA unearthed a major book pirating operation covering consumer trade, academic and STM (science, technology, and mathematics) books. Many of these had been illegally reproduced and printed in preparation for the start of the academic year and were intended for sale both on the streets of Delhi and around the country.

The police raid was carried out on a number of targets including the printing press. Over 3,500 illegal copies of trade books were seized, including Stephanie Meyer’s Twilight series, Harry Potter titles and Dan Brown’s The Da Vinci Code, all of which are established favourites in the Indian consumer market. Police also stopped the illegal production of three major academic titles, seizing 80,000 incomplete copies of these books as well as negatives and printing plates. Amongst the unfinished books were two software programming titles by Indian authors published by Tata Mcgraw Hill, and a GMAT guide published by John Wiley and Sons. The printing unit was closed down pending further investigation. An FIR under Section 63 and 65 of the Copyright Act, 1957 was registered at the New Ashok Nagar Police Station.

The PA and API state that illegal copying of textbooks and other titles has a lasting and irreparable impact on the investment their members make in reprinting their textbooks for the Indian market. In order to make them available at a reasonable price, these are purportedly published with the aim of enabling Indian students to access academic and educational material at a tenth of the US sale price.

Emma House, International Director of the UK Publishers Association said, “We are delighted the police responded to our complaint and swiftly took appropriate action. Illegal copying destroys the legitimate businesses of publishers who invest in measures to provide Indian students with cost effective access to UK and US published materials. We are extremely grateful to the Delhi police, and in particular Deputy Commissioner Anand Mohan, under whose command the raid was conducted with professionalism and skill.”

Sanjiv Goswami, President of The Association of Publishers of India said, “We congratulate the Delhi Police for their swift and effective action. Effective enforcement against illegal copying will further encourage international publishers to expand their low priced reprint program to benefit the students in India.”

The Publishers Association is a trade organisation serving book, journal and electronic publishers in the UK. The Association of Publishers of India is the representative body of foreign publishers to deal with all matters pertaining to the promotion and advancement of their presence in India and to protect the common interests of members and professionals engaged in publishing in the SAARC Countries. Naresh Khanna

Why a Content & Media newsletter in print?

We have published, printed and distributed copies of two 8-page newsletters called Content & Media at the Delhi Book Fair. These mainly cover the DBF and some of the events held at the show. Why have we brought out these newsletters with the same name as our blog?

As the book publishing industry grows, it will become more complex and interesting for the professionals who drive it. We also think that the professionals will want a networking platform. This could be a virtual platform driven by the Internet and by the blogs which are already proliferating -- but there is the possibility that at certain junctures such as book fairs it would be nice to have a regular print platform as well.

Thus this newsletter is named after our new blog – Content and Media Asia Pacific – contentmediaap.blogspot.com. Let us know if you think there is a need for this print newsletter to connect authors, literary agents, publishers, translators, distributors and book shops. Our own thought is that as book industry grows it should also become more fun. Let me know what you think at editor@ippgroup.in.

The Book Police

Why would I write about 'Haryana Police Academy'? Or because one of my reporter friends once wondered aloud (in front of the Haryana police!) if all the Haryanvis join the Delhi police who joins the Haryana Police? Or Because of their alleged reputation for less brains and more brawn? Or maybe just maybe they have done something which no other police force in India has done?

The last statement holds promise, but they could have set up any number of infamous records ( our civil society prejudice reflects). No its not a record, its something even Delhi Police with its
"With you, for you, always" slogan and TV show on DD in the late nineties could not do, it is publishing books. Books about FIRs (First Information Reports), how to file them what to do if the police is unwilling to file them, 3rd Degree, its illegal how to take action if you have been subject to it, Women's rights, what are they, how to get justice for themselves, women traficking, juvenile justice. Books on RTI(Right To Information Act) Babus beware !, books on NREGA, books on the consumer act.

Sounds a bit out of character wouldn't you think. Here is the police of India and none other than the Haryana Police publishing books on the very topics we thought one could never get any information from police ( or at least, any thing of value which can stand up for scrutiny).

Had enough pleasant surprises, or should I say 3rd Degree shocks here is another its the police officers themselves who author these books and some are even in the syllabus of the police academy. Don't believe me then visit the Delhi Book Fair, the first time a police force in India is is participating in a book fair to meet people and tell them about their rights and make them aware. They have participated in bookfairs in Goa, Patna, Nainital, Dharmshala, Chandigarh, Noida, Ludhiana and Gurgaon.

All visitors to their stall can expect to fill out one of these questionnaires
1. Gender rights and equality
2. 3rd Degree
3. Legal rights and procedures
4. Castesim and communalism.

There is even more I spent a good 45 minutes listening to what these men and women in khaki had achieved and there is so much more, but more of this later when I visit their website and their model police station.

Its truly a a a... I don't quite know how to put it in phrases (or for that matter prose, which it so rightly deserves) but I will try and describe it--

Its like, the answer lies within the question, the antidote is made from the poison. The answer to police corruption, brutality, heavy handedness, and the many other evils that plague the Indian Police services are not with spotless white khadi cloaked politicians its with the underpaid, overworked and khaki wearing police.

For a more subtle and mature version please visit our website

Is Delhi becoming a real city that demands a real book fair?

The 15th Delhi Book Fair is first of all a fair – a mela. It is a retail event where all types of publishers from around the country come to sell their books to the diverse population of approximately 15 million in the Delhi National Capital Region. It is a chance for families to have an educational and recreational outing at the centrally located Pragati Maidan fairgrounds.

Nevertheless some professional publishers also try to invest the event with a larger purpose – apart from the book readings and author signings to help sell books – to the exchange of ideas and the networking that is essential to not only expand the trade in books but also to make it more productive and profitable for everyone involved. The issue is whether to continue slow and uncertain growth or to try and purposively (and thus collectively) give a serious push to the book publishing industry.

Of course our various associations will have to do a better job of this whole thing. Otherwise a professional and competent organiser will seize the opportunity to organise a great book fair for what with all its politics and problems is becoming a real city. Real cities or agglomerations such as Delhi want real book fairs with all their complexities.

Ban Unbanned

The Federation of Indian Publishers is organising events everyday at the Delhi Book Fair. The events include book releases, panel discussions, copyright symposium, seminars and programs. On 29 August 2009, the federation organised a panel discussion on ban on Jaswant Singh’s book – Jinnah: India – Partition – Independence.

The event was attended by Jaswant Singh, the author of the much talked about book, Salman Khurshid, Union Minister of State (IC) for Corporate Affairs and Minority Affairs; TN Chaturvedi, former Governor of Karnataka; Justice CM Nayar, Judge, retd., Delhi High Court; Ramesh C Govil, President, The Federation of Indian Publishers; DN Malhotra, President Emeritus and Chairman, Freedom to Publish Committee and Tushar Gandhi, Head, Mahatma Gandhi Foundation.

It was a very lively discussion and all the panelists criticised the ban. Chaturvedi said, “No one can create history and make facts. One can collect facts, collate and re-assemble them.” Khurshid said that people are talking of the book being against national interest but what is the national interest, nobody knows. He said, “Maulana Azad banned his autobiography for thirty years because he felt that his book had some very straightforward comments which he probably thought would create uproar or upset his colleagues. Area of intellectual disclosure cannot be banned. This book comes nowhere near the ban zone.” Khurshid opined, “We all are against the ban and all sensible people should be against it. It is not a very exciting thing to worry about. We have faith in honorary Supreme Court and right decision will be taken.”

Jaswant Singh was invited to speak but he said that he had no intention to speak about his book at a panel discussion because it may seem like a self promotion which he felt was not right. But he continued and reflected on some historical events. Singh after the event went to the stand of Rupa & Sons, publisher and distributor of the English version of Singh’s Jinnah: India – Partition – Independence. He diligently signed copies of his title, making sure not to give an autograph to anybody who would come to him without a copy of his book.

Inauguration Delhi Book Fair

The 15th Delhi Book Fair along with the stationary fair was inaugurated on 29 August 2009, by Union minister and Congress leader Salman Khurshid, at Pragati Maidan (Halls 8-12). Also present at the inauguration were Jawahar Sircar, Culture Secretary with additional charge of I&B, Dr. Subas Pani, secretary Planning Commission, RC Govil chairman FIP and Rajiv Yadav executive director of ITPO. At the inauguration just below the auditorium in hall 8 of Pragati Maidan was a display of books from the North East on loan from the Sahitya Academy, approximately fifty from each state. The walls were covered by biographies of some of the more celebrated authors of the North East.

At the inauguration the speakers addressed the issue of declining readership and the advent of other forms of media which some people perceive as threatening to books in their present form. They also spoke about the focus of Delhi Book Fair on publishers from the North East. More about the North East will be learnt with the seminar on “Publication scenario of North East states-past and present,” organized by the Tripura Publishers Guild and the FIP on 31 August from 10 am to 1:30 pm. This will be followed by a panel discussion on Copyright Issues organised by Kitab from 2 pm to 4 pm, and a seminar on “How to get maximum from Frankfurt Book Fair” organized jointly by the FIP, CAPEXIL and GBO from 4:30 pm to 6:30 pm.

The first day saw a slow start to the fair with most exhibitors still opening up and stacking their shelves till late afternoon. Some of the exhibitors we spoke to at the fair said that the fair was a very prolonged affair and because of the duration there wont be any serious business enquiries in the first one week and all of the pile up will be on the second weekend and the last two days of the fair. From a business point of view quite a few exhibitors were enthusiastic of the business they would get at the fair -- both retail and wholesale. Business networking will mainly happen on the sidelines and not at the fair as there will be a loads of visitors to the fair looking for good books and even better deals.