Some textbooks are too expensive! Is it illegal to photocopy textbooks and to create a duplicate copy for my personal use?

God knows that textbook prices simply rise and rise and the penniless student faces a moral dilemma between piracy and flunking his exams. The answer to the legality of reproducing textbooks depends. Works such as books are protected by copyright laws such as the Copyright Act. This means that a person can be sued if he infringes the copyright of the author, by using or reproducing his work without his permission.

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Kiran Dharsan Seiter

Seiter IP Consultants LLP | 24 years experience | English, Hindi, Malay

With over 15 years of experience in the IP field, I have advised international and Singapore clients, especially SMEs and start-ups, on a wide range of issues related to trademarks, designs, copyright and domain names in industries such as apparel and accessories, cosmetics, pharmaceuticals, toys, sporting goods, wines and spirits, agricultural and dairy products, foods and beverages, electronic and computers, industrial equipment and machinery and personal care, health care, medical devices and services.

According to section 43 of the Copyright Act, up to 10% of a textbook may be photocopied for educational purposes. This is measured in pages. Alternatively, an entire chapter of the book may also be reproduced for educational purposes. This means that a student would get into trouble if he reproduces more than 10% or a chapter of the textbook. Similarly, a photocopying shop which probably offers their services, such as photocopying and binding, for the sole purpose of profit, is also liable to a lawsuit.

According to section 153 of the Copyright Act, the author can sue the infringer for compensation. However, because the costs of a textbook is relatively meager compared to the possible litigation fees, individual infringers are rarely sued. According to an article published by UCLA, in 2004, the Association of American Publishers took legal action against Singaporean photocopying shops which conducted large-scale photocopying of entire textbooks instead.