When students and educators photocopy textbooks instead of purchasing them, they participate in a cycle that disrespects intellectual property (IP), undermines the rights of authors and publishers, devalues academic labour, and jeopardises the quality of educational resources available in the long term.
Under South Africa’s Copyright Act 98 of 1978, textbooks are protected as literary works. Only the copyright owner - or a licensee with express permission - is legally entitled to reproduce these materials.
Infringement of copyright takes place when a person makes a copy of the work or a part of it without the authority of the copyright owner. Even something as seemingly innocuous as handing out photocopies is considered an infringement.
These acts are not just civil offences, they are criminal. The penalties are severe: fines of up to R5,000 or imprisonment for up to three years per infringing article, with heavier penalties for repeat offenders.
Both the person who makes the copy and the person who distributes it may be prosecuted. This includes educators and school administrators who might feel they are helping students by reducing costs.
What is often overlooked is that copyright law exists not just to penalise, but to protect. It defends the hard work and intellectual capital of authors, many of whom are educators and legal professionals themselves. These are individuals who have spent countless hours crafting, reviewing, and updating content to benefit future generations.
The recent release of the second edition of Dean & Dyer: Introduction to Intellectual Property Law, is an example of the importance of respecting intellectual effort. The textbook offers valuable insight into contemporary developments in IP by academia with additional expertise of leading practitioners. To pirate such a work is to disrespect not only the legal rights of its authors, but also their personal and professional dedication. Each chapter reflects months, sometimes years, of research, case law analysis, and academic scrutiny. When a student or institution decides to photocopy a textbook, they are undermining the worth of this intellectual labour.
Moreover, piracy perpetuates a false narrative that knowledge should be free at any cost. While open access and educational equity are valid concerns, they must be addressed through legitimate channels: scholarships, public funding, and institutional licensing agreements; not through theft excused by necessity.
When piracy becomes the norm, it has far-reaching consequences. Publishers, disincentivised by declining sales and rampant infringement, may hesitate to invest in updated editions or new educational materials. This leads to outdated content, limited availability, and ultimately, a lower quality of education.
South African students deserve access to high-quality, locally-relevant academic resources. Dean & Dyer is a prime example of such a resource. Designed by South Africans, for South Africans, and aligned with our legal context.
But continued access to works of this calibre depends on a functioning market where authors and publishers can recover their costs and earn a fair return.
The responsibility for preventing textbook piracy doesn’t rest solely on students. Educators and schools are key stakeholders. When a school condones or facilitates the photocopying of copyrighted works, it not only exposes itself to legal risks but it also sends a troubling message about ethical conduct.
In many cases, schools and universities may be unaware of the severity of the issue. This is why proactive education and copyright awareness are essential. Institutions should implement clear copyright policies, invest in legitimate access through book purchases or library systems, and train staff to understand their legal and ethical obligations.
The conversation around textbook piracy is not simply about enforcing laws, it’s about the kind of academic culture we want to foster. When institutions and individuals choose to ignore copyright protections, they don’t just break the law; they send a message that the intellectual effort behind educational materials can be taken without permission or accountability.
This has broader consequences. It undermines trust in the academic system, disincentivises future scholarly work, and risks leaving students with outdated, incomplete, or poor-quality resources. The cost isn’t just legal, it's educational.
As a society committed to learning and progress, we need to recognise that respect for intellectual property is foundational to maintaining quality education. That means making conscious choices: choosing compliance over convenience and recognising that fair access must be pursued through legitimate means, not at the expense of the very people who create the content we rely on.
Copyright law is not a barrier to learning; it is a safeguard for it.
Let’s shift the conversation from what we can ‘get away with’ to what kind of academic environment we want to build. One rooted in fairness, respect, and sustainability.
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