Sumaiya Rifat Anika: For generations of university students, Nilkhet Book Market has been synonymous with affordable textbooks. From law and medicine to engineering and business studies, students can often find books at prices far below those of original imported editions. But behind this affordability is a long-running copyright problem: the reproduction and commercial sale of books without the permission of authors or copyright owners.

A 2004 report in The Daily Star described Nilkhet as a major centre for pirated books and reported that a book costing Tk 200 in its original form could be sold for about Tk 80 as a pirated copy. Two decades later, the problem has not disappeared. A 2024 investigation by The Business Standard reported that industry insiders estimated that at least 400,000 pirated books were sold annually, with books reproduced through downloading, scanning and photocopying. The issue raises a difficult question: how can Bangladesh protect authors and publishers without making essential educational materials unaffordable for students?

Bangladesh's Copyright Act 2023 replaced the Copyright Act 2000 and provides legal protection for literary works, including books. Under section 15, the author is generally the first owner of copyright, subject to the exceptions provided by the Act. Copyright gives the author or copyright owner legal control over important uses of the work, including reproduction.

Commercially reproducing an entire textbook without permission and selling the copies can therefore amount to copyright infringement. The Act provides criminal penalties for infringement. Under section 84, certain copyright violations may result in imprisonment of up to four years and a fine of up to Tk. 5 lakh. Section 94 also provides punishment for illegally publishing books or periodicals, including a fine and confiscation of illegally published copies. But copyright law does not prohibit every use of a copyrighted work.

This is where the concept of fair use or fair dealing becomes important. Section 70 of the Copyright Act 2023 provides exceptions for certain uses of copyrighted works when specific purposes and conditions are satisfied. These exceptions recognise that copyright protection must coexist with legitimate activities such as education, research, criticism and review.

However, an educational purpose does not automatically make unlimited copying lawful. There is a significant difference between using a reasonable portion of a book for legitimate educational purposes and reproducing an entire commercial textbook in large quantities and selling it for profit. This distinction is particularly important in Nilkhet, where the issue is not simply whether students photocopy materials, but whether businesses commercially reproduce and distribute copyrighted books without authorisation.

Authorities have taken action against piracy in the market. In November 2020, a Dhaka Metropolitan Police mobile court raided four bookstalls at Islami Market in Nilkhet after receiving information from Bangla Academy about pirated copies of books by Bangabandhu Sheikh Mujibur Rahman. The authorities seized 20 pirated copies, including KaragarerRojnamcha, Amar DekhaNoyachin and The Unfinished Memories. Four booksellers were punished with imprisonment or fines. The reported action was taken under the Consumer Rights Protection Act 2009.

Yet enforcement has not eliminated the problem. The continued availability of copied textbooks suggests that the market is driven by strong demand as well as commercial incentives.

The importance of copyright protection was also highlighted by the MasudRana and Kuasha dispute. In 2021, the High Court upheld a Copyright Office decision recognising Sheikh Abdul Hakim's copyright claims concerning hundreds of books in the MasudRana and Kuasha series.

The dispute demonstrated that copyright is not simply about books as physical objects. It protects the intellectual labour and authorship behind those works. When unauthorised copies replace legitimate sales, authors and publishers can lose royalties and revenue.

At the same time, treating every student who purchases a cheap copy as equivalent to a commercial pirate would ignore Bangladesh's economic reality. Many students turn to Nilkhet because original foreign textbooks can cost several times more than their affordable alternatives. A better approach would distinguish between commercial piracy and legitimate educational access. Enforcement should focus on organised reproduction and large-scale commercial distribution, while the government, universities and publishers should expand lawful access to educational materials. Publishers could offer low-cost student editions, affordable digital books, institutional licences and authorised photocopying schemes. Universities could negotiate bulk licences and strengthen libraries so students can access expensive textbooks without relying on pirated copies.

Nilkhet's experience shows that copyright enforcement and access to education do not have to be opposing goals. Bangladesh needs a system that protects authors from commercial piracy while ensuring that the price of lawful educational materials does not place essential knowledge beyond the reach of ordinary students. The real challenge is not choosing between copyright and education. It is finding a legal and affordable way to protect both.

sumaiyarifatanika@gmail.com