Will the Trans-Pacific Partnership require university students to buy textbooks instead of photocopying them, even for personal use? The language of the trade pact suggests such enforcement will be in place, according to an opposition lawmaker. – The Malaysian Insider file pic, December 16, 2015.Amid calls for Putrajaya to do a better job of explaining the impact of the Trans-Pacific Partnership (TPP) agreement on Malaysia, student Fatin Amalina is worried about having to spend more on textbooks if she will no longer be able to photocopy materials due to copyright breaches.
As it is, she already relies on photocopied textbooks and still has to spend more than RM350 a semester.
The Masters' student at a public university said she could not afford to buy new textbooks for every subject as some would cost her more than RM300 each. Photocopied books, on the other hand, save her more than 70% on the total cost of all her required textbooks.
“I only buy one textbook that costs around RM140, and I can only afford to photocopy the rest because they are too expensive,” she said, adding that she did not have income as a full-time student.
Even some lecturers at her university advise students not to buy new textbooks and to photocopy them instead, Fatin added.
Unsure about how the TPP would affect students, Fatin said she felt it would be a definite burden if the intellectual property rights chapter of the agreement would require enforcement against making copies of books, including for personal use.
Sungai Siput MP Dr Michael Jeyakumar Devaraj (pic, left) is also calling for more clarity on how this chapter will impact Malaysia, in particular, the education sector.
It appeared from the text of the agreement that more stringent copyright laws would be created, which would affect students and educators who rely on photocopied material in lessons and teaching, he said.
"Once we sign the TPP, it will take about two years to change the laws and after that you can no longer photocopy; it’s either you buy the books or buy the rights,” he told The Malaysian Insider in an interview.
The text of the TPP chapter on intellectual property also appeared to include imprisonment as a penalty, he added, based on Article 18.77 (6)(a) which states, "Each Party shall provide penalties that include sentences of imprisonment as well as monetary fines sufficiently high to provide a deterrent to future acts of infringement".
The chapter also states that each party shall provide criminal procedures and penalties in cases of wilful copyright piracy.
Jeyakumar added that copyright laws according to the TPP would also cover Internet content and impact users who downloaded songs and movies illegally.
He said new rules under the TPP might also limit students’ access to academic papers and research online, as many websites now required registration fees before online journals could be accessed.
Persatuan Mahasiswa Islam Universiti Malaya (PMIUM) president Muhammad Wafiuddin Rosli said the Education Ministry, Higher Education Ministry and International Trade and Industry Ministry should explain whether non-commercial copyright infringement would also be treated as a criminal offence and if jail was really in store for students and lecturers who photocopied material.
“(This will make) education materials more expensive," Wafiuddin said.
Jeyakumar also questioned if the government would be able to enforce such laws, as well as seize photocopying machines and order the destruction of copied material.
"I don't think our government really understands the agreement. They may understand a little bit but not all the chapters,” he said, attributing the difficulty to the specific legal language used in the agreement.
Indeed, the Domestic Trade, Cooperatives and Consumerism Ministry itself does not seem clear, saying there were already laws that prohibit copyright infringements – but only when it involved commercial, and not personal, use.
“I’m not really sure of the TPP content, but I don’t see any problem as photocopying textbooks or books and downloading movies or songs for free have already been considered as criminal offences under the Copyright Act 1987, if it is not for personal purpose and has trade elements," the ministry's enforcement director Mohd Roslan Mahayuddin told The Malaysian Insider.
The ministry would have no problem enforcing stricter laws as it has already been taking action against infringements, he said when asked about enforcement.
But this is not answering Fatin's questions about the exact impact of the agreement, whether paying RM40 for a copy of a textbook that would cost her RM150 otherwise will land herself on the wrong side of the law.
- TMI
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