Malaysia - A2Knetwork.org

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Consumers International PROJECT ON Copyright and Access to Knowledge in Malaysia COUNTRY STUDY – MALAYSIA Dr . Ida Madieha bt. Abdul Ghani Azmi Pr ofessor Inter national Islamic Univer sity Malaysia Resear ch Assistant Siti Aisya bt. Abdul Rahman
3 Table of Contents 1. Executive Summary............................................................................................... 8 2. Access to Educational Materials.......................................................................... 15 2.1 Background .................................................................................................. 15 2.2 Education & Access to Knowledge in Malaysia............................................. 15 2.3 National Policies & Education in Malaysia..................................................... 21 2.4 The Malaysian Education System................................................................. 30 2.5 Educational Materials.................................................................................... 33 2.6 Libraries & Resource Centres ....................................................................... 49 3. Commercial & Industrial Practices....................................................................... 71 3.1 Book Publishing ............................................................................................ 71 3.2 Book Retailing............................................................................................... 80 3.3 Book Importing.............................................................................................. 81 4. Flexibility of Malaysian Copyright Laws ............................................................... 86 4.1 The Malaysian Copyright Act 1987 ............................................................... 86 4.2 Malaysia’s International Obligations concerning Copyright ........................... 86 4.3 Limitations and Expectations to Copyright in Malaysia.................................. 85 4.4 Flexibility in the Global Copyright Regime and Copyright Laws in Malaysia .. 89 4.5 Criminalisation of Copyright Infringement...................................................... 91 4.6 Photocopying, Book Piracy & Copyright Infringements ................................. 92 4.7 Enforcement of Copyright Laws in Malaysia ................................................. 94 5. Conclusion .......................................................................................................... 97
4 List of Tables Table 1: Annual Expenditure in the Education Sector............................................ 17 Table 2: Percentage of Actual Total Educational Expenditure against Total Government Expenditure & Gross National Product (GNP) ..................... 18 Table 3: Annual Recurrent Costs per School Pupil................................................ 18 Table 4: Number of Educational Institutions in Malaysia........................................ 31 Table 5: Enrolment of educational institutions in Malaysia..................................... 32 Table 6: Titles Approved or Published by Textbook Division.................................. 34 Table 7: Productions by Education Development Division (BTP), Ministry of Education Malaysia.................................................................................. 35 Table 8: Membership of State Libraries in Malaysia .............................................. 53 Table 9: State Library Users in Malaysia ............................................................... 53 Table 10: Membership of Academic Libraries in Malaysia ....................................... 53 Table 11: Registered Members and Users of Special Libraries in Malaysia............. 53 Table 12: Collections of the National Library by Method of Acquisition .................... 56 Table 13: Collections of the National Library ........................................................... 56 Table 14: Total Collections of the National Library................................................... 56 Table 15: Collections of the National Library 2007................................................... 56 Table 16: Allocation for State Library Collections..................................................... 59 Table 17: Collections of State Libraries in Malaysia................................................. 59 Table 18: Collections of Special Libraries in Malaysia ............................................. 59 Table 19: Collections of Academic Libraries in Malaysia ......................................... 59 Table 20a: Materials in an Academic Library’s Collections in Malaysia...................... 60 Table 20b: Online Databases Subscribed by an Academic Library.......................... 609 Table 21: References of the National Library Collections 2007................................ 63 Table 22: Online Databases Licensing Terms ......................................................... 68 Table 23: Books registered under the Deposit of Library Material Act 1986............. 73 Table 24: Gross Price Distribution for Local Education and Academic Books.......... 75 Table 25: Academic Book Prices in a Particular Field of Study (Law) by Local and Foreign Authors, as sold in General and University Bookstores............... 78 Table 26: Break up of Scholarship Loan Schemes for Local Institutions.................. 79 Table 27: Value of Malaysia’s Book Imports by Major Source Countries ................. 82 Table 28: Rankings of Major Source Countries for Malaysia’s Book Imports ........... 82 Table 29: Academic Book Prices in Malaysia and Key Foreign Markets.................. 85 Table 30: Copyright Exceptions according to Categories of Recipient ..................... 88 Table 31: Copyright Piracy Statistics in Malaysia..................................................... 93
5 Boxes Box 1: Breakdown of the Federal Government Expenditure for Education in 2007 16 Box 2: Efforts to increase Access to Knowledge in Malaysia under Budget 2008 17 Box 3: Library Infrastructure Development Initiatives 2005 52 Box 4: Digital Initiatives of the National Library 2007 63 Box 5: Factors of Book Piracy in Malaysia 93 Box 6: Measures to Increase Copyright Enforcement and Awareness 94 Charts Flowchart: Production of Textbook Packages by the Textbook Division 37 Graph 1: Libraries in the States of Malaysia 2006 48 Graph 2: Types of Academic Libraries in Malaysia 2007 48 Graph 3: Types of Public Libraries in Malaysia 2006 49 Graph 4: Types of Special Libraries in Malaysia 2006 49 Graph 5: State Library Membership against Population of States 2006 51 Graph 6: Collections of the National Library 2007 by Units 55 Graph 7: Collections of the National Library 2007 by Titles 55 Graph 8: Number of References made in the National Library 2007 61 Graph 9: Industrial Growth by Number of Titles 72 Pie Chart 1: Gross Profit Distribution for Local Education & Academic Books 73 Pie Chart 2: Gross Price Distribution for Local General Books for Children & Adults 73 Graph 10: Value of Malaysia’s Book Imports by Major Source Countries 80 Graph 11: Total Value of Malaysia’s Book Imports 81
6 PREFACE This project was undertaken in the last quarter of 2007. The findings may be constrained to information and data available during this limited timeframe. We acknowledge the assistance of many individuals with the research; Prof. Dr. Lim Heng Gee of University MARA Malaysia; Assoc. Prof. Syed Salim Agha and Puan Noraini Ismail of IIUM; Assoc. Prof. Dr. Syed Omar Syed Ali of UNITAR, Mr Lau King Hui of MABOPA and Encik Iskandar Halim, Deputy Director, Enforcement Division, Ministry of Domestic Trade and Consumer Affairs.
7 EXECUTIVE SUMMARY ACCESS TO EDUCATIONAL MATERIALS Malaysia, situated at the southeastern tip of the Asian continent, is made up of three major territories: Peninsular Malaysia, Sabah and Sarawak. Article 12 of the Federal Constitution, makes the right to education as one of the fundamental liberties of every Malaysian citizen. The annual expenditure on education and training forms is a part of the Government of Malaysia’s development expenditure on the social services sector. In 2007 alone, a sum of RM7,291 million was spent on education and training, out of a total of RM13,055 million spent in the social services sector and RM40,870 million in total development expenditure. This means that, out of the total expenditure on developing Malaysia, 17.84% has been spent on the education sector and, out of the total revenue generated in 2007 (RM141,790 million), 5.14% has been used for the education sector. The period of compulsory education in Malaysia is 11 years, beginning with primary education for 6 years followed by secondary education for 5 years. In 2006, there were 20 public universities and 515 private tertiary educational institutions in Malaysia. Primary and secondary school students are required to pay annual school fees, which are highly subsidised by the government. Beginning the 2007 and 2008 Budgets, fees for major examinations are abolished in stages while every student, regardless of the family’s income and background, is now entitled to textbook loans under the Textbook Loan Scheme. Basic instructional materials for primary and secondary schools are locally produced based on the syllabuses formulated, integrated and coordinated by the Ministry of Education Malaysia under the Integrated Curriculum for Primary and Secondary Schools (Kurikulum Bersepadu Sekolah Rendah dan Sekolah Menengah). Besides textbooks, the Ministry of Education develops teachers’ manuals; both in print and CD versions, for classroom instruction. Material in media form includes courseware, TV programmes and CDs to make learning more interactive, fun and engaging. The copyright of the basic instructional materials used in schools may either be held by the government or jointly held with the publisher/contractor, subject to the agreement between the parties. In all instances, two main factors, affordability and government funding, determine the pricing of basic instructional materials. With the government’s intensified efforts to make primary and secondary education and basic educational materials accessible and affordable to all Malaysians, there is no perceived hindrance in access to education in Malaysia.
8 University students rely on locally authored textbooks as well as imported ones for their study. The production of local academic textbooks is not sufficient to satisfy the needs of the academic community. Most university programmes substantially rely on foreign textbooks. The high price of imported academic textbooks is a major reason for the proliferation of photocopying in university campuses. The small allowance major sponsors give for the purchase of books makes photocopying academic books more attractive. The annual allocation of between RM250 to RM320 to buy books is by far less than the actual cost of purchasing academic texts essential for most university programmes. This has created a big demand for photocopying facilities in university campuses and areas surrounding them. Foreign textbooks are, however, widely accessible and the exchange rate for imported textbooks is regulated by the government. There is no tax for the import of books and Malaysia still practices the conventional method of importing books, i.e. by purchasing the foreign titles from regional distributors appointed by the publishers. No Malaysian importer is allowed to make direct purchases from a foreign publisher or its authorised distributor in the source country. This practice thereby eliminates any form of parallel importation of books, especially in nonedistributor countries such as Malaysia. Consequently, the number and variety of foreign titles available in Malaysia may be limited. The complex flow of importation may also accumulate additional costs of the books by the time they reach Malaysian shores. Local reprints or editions of the foreign titles under the licence and proper authorisation of the foreign publisher are very rare in Malaysia. Due to major factors, such as weak purchasing power, low returns and a small market, foreign publishers are reluctant to grant such licences to local publishers. Therefore, international editions of foreign titles currently available in Malaysia are still imported from the respective regional distributors. Nevertheless, university libraries are well stocked with academic books needed by students, with access to the Internet and digital databases also provided. The cost spent in the subscription and the annual subscription fees to foreign databases, however, takes up a major part of the allocation for subscription of foreign materials. Most of the terms of the licensing agreements are in favour of the database publishers. These agreements restrict the usage for legitimate educational use under copyright law. As the cost of subscription to electronic materials is expensive, academic libraries
9 renew only online databases in high demand and usage, and those that are core databases for a specific faculty or subject. Academic libraries play a crucial role in the dissemination of knowledge to the academic community. Recently, academic libraries in Malaysia have started exploring alternative copyright systems, such as open access, to facilitate the dissemination of information. This is through the development of institutional repositories of their staff and student’s work, and sharing it with other libraries through open access networks. Universities that offer open distance learning (ODL) programmes rely on a variety of instructional materials. Print material, notes, courseware, CDRoms, audio and videotapes, online bulletin boards and Webbased materials are internally developed and made available to students. Basic textbooks by foreign writers are also compulsory reading for students. These textbooks would be acquired by the students themselves. With the growth of ICT in Malaysia, more and more ODL institutions are beginning to develop and rely on digital content. Radio, television and video conferencing are also used in teaching. As the content is internally created; it is available for free, but the students still need to buy the textbooks recommended by lecturers. Lack of Access to Educational Materials Lack of clear guidelines and an effective copyright clearance policy for multiple classroom reproduction has perpetuated the practice of photocopying in Malaysia. The high prices of imported academic books aggravate the situation further. Lack of clarity on copying for educational use hampers the effective use of digital technology in education. To avoid copyright complexities, educational materials for distant education are internally developed at the universities’ own cost. Libraries are also hampered from providing digital copies of articles as interlibrary loans as this could tantamount to copyright infringement. The current law is also not clear on unpublished copyright materials. Much of the dissertation written by university students and staff are not published, and the library cannot do more than just provide access to these materials. If these unpublished works are allowed to be distributed for academic purposes under certain conditions, it would expand further the dissemination of knowledge.
10 Licensing fees for foreign databases are rather high. Access to these databases is further constrained by licensing terms that normally go beyond copyright flexibilities. Access to digital databases is further secured through digital rights management. Contract and technological protection measures constitute two additional layers of protection for database producers. The publisher practises differential pricing between universities, putting the smaller ones in a weak negotiating position. Copyrightrelated Issues on Access to KnowledgeFlexibility under Copyright Law Having copyright policies that strike a balance between copyright owners and users would be best to facilitate access to knowledge. In Malaysia, although the Copyright Act 1987 contains exceptions and limitations on educational use, there are nevertheless a number of weaknesses that could constitute obstacles to effective access to knowledge. Currently, there are no clear guidelines on photocopying and no effective copyright clearance centre to facilitate photocopying for educational purposes. The provision for library use is rather broad and vague, and will not facilitate all library activities. There are no guidelines on copying allowed for digital works and for distant learning. The copyright exceptions are restrictive, subject to many conditions, technologically outmoded and do not facilitate unreserved access to knowledge and information. The Act currently does not regulate licensing agreements that have adverse effects on trade, constitute anticompetitive practices or impede the transfer and dissemination of technology. Malaysia is a party to the Berne Convention and the TRIPS Agreement. Malaysia has not taken advantage of all the flexibilities available under the Berne Convention and the TRIPS Agreement: i. There is no express exclusion for political speeches, political debates and speeches delivered in the course of legal proceedings from copyright; ii. The Malaysian provision on works of compilation could be construed to extend copyright to compilation of “mere data”; iii. The Malaysian provision on parallel imports is unclear;
11 iv. Section 13(1) of the Malaysian Copyright Act 1987 confers commercial rental rights to a broad range of works – literary, musical or artistic work, films, sound recordings and derivative works; v. The anticircumvention provision does not contain any exception or limitation; and vi. Violation of copyright infringement should not be criminalised, unless it can be proven that such violations harm the public interest. Photocopying of academic books is a widespread practice in Malaysia. There is a myriad of factors for this book piracy, including the high price of imported books and lack of availability of some titles. Complaints of book piracy came generally from American publishers. Thus, enforcement against book piracy largely involves American academic books. Conclusion The following factors affect access to educational materials in Malaysia: i. Restrictive terms of licensing agreements. Access to foreign databases is facilitated through licensing agreements. These agreements contain terms that are more favourable to database producers. The agreements further restrict the usage of the databases, even though the usage may fall within copyright exceptions. The fees imposed on database usage are also very high, and the publishers practise price differentials between academic institutions. ii. Unwillingness to grant reprint licences to local publishers. As explained, foreign publishers are reluctant to grant Malaysian publishers the licence to reprint because of major factors such as weak purchasing power, low returns and a small market. Though prices of imported books are regulated, academic books would be available at a much cheaper price if local reprint is allowed. This could help eliminate photocopying in Malaysia. iii. Lack of clear guidelines and effective copyright clearance policy for multiple classroom reproduction has perpetuated the practice of photocopying in Malaysia. The high prices of imported academic books aggravate the situation further. iv. Lack of clarity on copying for educational use hampers the effective use of digital technology for education. To avoid copyright complexities, educational materials for distant education are internally developed at the
12 universities’ own cost instead of providing digital excerpts of useful reading materials. Libraries are also hampered from providing digital copies of articles as interlibrary loans, for this is tantamount to copyright infringement. The current law is also not clear on unpublished copyright materials. Much of the dissertation written by university students and staff is unpublished, and libraries cannot do more than just provide access to these materials. If these unpublished works are allowed to be distributed for academic purposes under certain conditions, it would further enable the dissemination of knowledge. Copyright is therefore not the only factor contributing to the problem of lack of access to educational materials in Malaysia. Many other causes have contributed to the problem. Industry practices such as control over parallel imports and the supply of international editions aggravates the situation. Government, industry and users need to work together to resolve these problems in order to provide everyone, rich or poor, access to knowledge. Some of the action points that local consumer organisations and civil society groups may focus on include: i. Urging the government to take action against possible abuse of contractual arrangements that could defeat copyright flexibilities through competition policies; ii. Calling for reform of the copyright law to ensure that all the flexibilities available to Malaysia under the treaties it has signed are availed of; iii. Assist libraries to devise strategies to take advantage of flexibilities in copyright laws to increase access to library materials; iv. Assist educational institutions to devise strategies to take advantage of flexibilities in copyright laws in the form of guidelines on classroom reproduction and the provision of basic educational materials for distance education; v. Censuring industry practices that hinder parallel imports; vi. Pushing for local reprints for foreign academic books in order to provide cheaper books for university students instead of leaving the matter to market forces; vii. Encouraging software owners to provide student versions for educational use in Malaysia;
13 viii. Assisting the operating of an effective copyright clearance centre to create a healthy copyright culture and increase respect for copyright, and at the same time, enhancing education and learning; ix. Continuing to regulate the exchange rate for importation of books and not leave it to market forces. However, the gap between market and fixed rates must not be too wide; and x. Encouraging the development of local academic books for tertiary education use as an effort to reduce the reliance on foreign books.
14 Access to Educational Materials 2.1 Background Malaysia, situated at the southeastern tip of the Asian continent, consists of three major territories: Peninsular Malaysia, Sabah and Sarawak. With a population of 26.6 million, 1 it covers a total surface area of 330,252sq km. 2 Out of this population, 36.8% live in the rural area while 63.2% are urban dwellers. Malaysia is a federated constitutional monarchy, with the Yang Dipertuan Agong as the official Head of State. The Malaysian Federal Constitution on the other hand is the supreme law of the land. 3 Under Article 12 of the Federal Constitution, the right to education is one of the fundamental liberties to which every Malaysian citizen is entitled. In particular, this Article provides that there shall not be any discrimination in the administration of public educational institutions, in the admission of students into these institutions and in the payment of fees. Education is a federal government matter, as provided in Item 13 of the Federal List. 4 Therefore, schools, universities, vocational and technical education, teacher training, promotion of research and studies, academic societies as well as libraries, museums, and historical sites and records are all under the control of the Malaysian federal government. Nevertheless, state governments retain some residuary powers as to scholarships of statebred students and state libraries, museums, and historical sites and records. 5 2.2 Education and Access to Knowledge in Malaysia The literacy rate in 2005 is at 92% for Malaysians aged 10 years and above while the literacy rate for Malaysians aged between 5 to 9 years is at 75%. 6 From another angle, 91.3% of Peninsular Malaysian residents, 86.4% of Sabah 1 Department of Statistics Malaysia 2006 2 Ibid. 3 Article 4 of the Federal Constitution 4 In the Ninth Schedule of the Federal Constitution 5 Item 12A of the State List and Item 2 of the Concurrent List 6 Study on the Malaysian Reading Profile 2005, National Library of Malaysia. This was the second and the latest of such study conducted by the National Library.
15 residents, and 82.7% of Sarawak residents can read. 7 Between the genders, 92.2% of Malaysian men and 87.7% of Malaysian women can read. 8 In terms of how much Malaysians aged 10 years and above read, 98.8% read at least 2 books while another 46.0% read between 4 to 10 books per year. Unfortunately, only 33.1% of Malaysians in this category read more than 12 books per year. 9 These figures imply that Malaysians are not avid readers and is strengthened by the finding from the same study that reading is only the second main hobby of Malaysians (22.3%) after watching/engaging in electronic media (33.5%). 10 Newspapers are the most popular reads (77.4%) after magazines, books (each 3.0%), and comics (1.6%). 11 There are 216 computers to every 1000 people in Malaysia in 2005. 12 In the same year, there are 474.3 Internet users and 9.9 broadband subscribers among every 1000 people. 13 The level of computer literacy in Malaysia stands at 27.7% among Malaysians aged between 5 to 9 years and 47.1% for Malaysians aged 10 years and above. 14 Meanwhile, the level of computer literacy in Peninsular Malaysia is 49.0% while 36.1% of Sabah residents and 41.9% of Sarawak residents are computerliterate. 15 The annual expenditure on education and training forms a part of the development expenditure for the social services sector in Malaysia. Over the years, the expenditure on education and the training sector has always been high, as Malaysia moves towards a knowledgebased economy and the realisation to be a developed country by the year 2020. In 2007 alone, a sum of RM 7291 million has been spent for education and training from the total of RM 13 055 million spent in the social services sector and RM 40870 million total development expenditure (See Table 1). This 7 Ibid. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid. 12 Sources: Malaysian Commission of Multimedia and Communications; Economic Planning Unit International Comparisons Statistics 2007. 13 Ibid. 14 Supra n 6 15 Ibid.
16 means that, out of the total expenditure on developing Malaysia, 17.84% has been spent on the education sector and, out of the total revenue generated in 2007 (RM 141 790 million), 5.14% has been used for the education sector (See Table 2). 16 Priority and focus of the government funding for education in 2007 is for the public institutions of higher education (IPTA) is to increase the number of people in the pool of skilled and knowledgeable workforce. Annually, the government spends an average of RM 1807.76 for each primary school student; RM 2595.84 for each secondary school student; RM 7636.88 for each residential secondary school student; and RM 6812.66 for each technical and vocational secondary school student, throughout the period between 2001 to 2005 (See Table 3). These costs include subsidisation of fees, textbook loans (for eligible students), school utility bills and maintenance as well as development of school infrastructures. There is no doubt that these costs have risen since such period, as the government aims towards making schooling free in Malaysia. For example, under the 2007 (See Box 1) and 2008 Budgets (See Box 2), fees for major examinations have been abolished in stages while every student, regardless of their family’s income and background, is now entitled to textbook loans under the Textbook Loan Scheme. Table 1: Annual Expenditure in the Education Sector Year Total Expenditure (RM million) Operating Expenditure (RM million) 2003 2004 2005 2006 2007* 2008** 92608 99397 106304 123546 141790 147093 75224 91298 97744 107694 123873 128799 39353 28864 30534 35807 40870 40000 17707 10260 7450 9525 13055 13490 10193 4316 3736 5349 7291 7358 Gross development expenditure (RM million) Social services sector expenditure (which includes education & training, in RM million) expenditure on education and training (RM million) *Revised estimate **Budget estimate; Economic Reports 20042008, Finance Ministry, Malaysia Source: Economic Reports 20042008, Ministry of Finance Malaysia 16 Source: Economic Report 2007/08, Ministry of Finance Malaysia.
17 Table 2: Percentage of Actual Total Educational Expenditure against Total Government Expenditure & Gross National Product (GNP) Year Educational Expenditure to Government Expenditure (%) Educational Expenditure to GNP (%) 2002 2003 2004 2005 2006 27.65 25.04 20.53 19.73 19.85 8.59 7.70 5.80 5.35 5.15 Source: Malaysian Educational Statistics 2006, Ministry of Education Malaysia Table 3: Annual Recurrent Costs per School Pupil Year 2001 2002 2003 2004 2005 Primary School (RM) 1601.60 1627.50 1844.90 1895.30 2069.50 Secondary School (RM) 2357.70 2369.20 2536.30 2804.10 2911.90 Residential Secondary Schools (RM) 8751.40 7188.80 7179.90 7668.40 7395.90 Technical & Vocational Secondary 9617.80 5146.70 8130.50 5481.80 5686.50 Schools (RM) Source: Social Statistics Bulletin 2006, Department of Statistics Malaysia Box 1: Breakdown of the Federal Government Expenditure for Education in 2007 1. Total development expenditure on education for 2007 is RM 7291 million. 2. The government has spent RM 3577 million for the development and upgrading of existing IPTAs while another RM 32 million was allocated to build Universiti Malaysia Kelantan and Universiti Darul Iman in the states of Kelantan and Terengganu respectively. 3. Primary and secondary education is to receive RM 1441 million for projects which include the additional construction of 102 secondary schools, 14 boarding schools, 3 sport schools, 2 technical and vocational schools, and 1 matriculation college. 4. Meanwhile, another RM 920 million is allocated for industrial training programmes. This allocation will be channelled to, among others, the construction of 5 new polytechnic institutions and the upgrading of facilities in the 12 existing polytechnic instutions. 5. The government had also initially allocated RM 30 million to build an industrial training institute (ILP) in Marang, Terengganu, and another RM 19.5 million to build another ILP in Kuala Krai, Kelantan. 6. For the construction of Advanced Technical Training Centres (ADTEC) throughout Malaysia, a total of RM 172 million has been allocated. 7. Majlis Amanah Rakyat (MARA), a statutory body under Ministry of Entrepreneurial Development, was also given RM 103 million to build skills and training institutes (Institut Kemahiran Tinggi MARA).
Source: Economic Report 2007 / 08, Ministry of Finance Malaysia 18 For 2008, the government continues to allocate huge sums for the education sector to ensure its continuous development, in an effort to produce citizens with First World mentality, firstclass human capital, worldclass education institutions, and in bridging the ruralurban gap as well as the digital divide. These objectives were recently reflected in the 2008 Budget tabled in the Parliament. Box 2: Efforts to increase Access to Knowledge in Malaysia under Budget 2008 1. After 50 years of independence, per capita income of Malaysia has increased 26 fold, from RM 790 in 1957 to RM 20840 in 2007. Throughout the same period, GDP has increased to 6.3% per annum. 2. 2008 is the third year of the Ninth Malaysia Plan (9MP). With the second thrust of 9MP on development of capacity for knowledge and innovation and to nurture a first class mentality as well as the third thrust to improve the standard and sustainability of the quality of life for all Malaysians, education and the strengthening of human capital development became one of the major focuses of the 2008 Budget. 3. To implement the Education Development Blueprint on primary and secondary schools in Malaysia, the government proposed to allocate RM 30 billion to the Ministry of Education. The Blueprint aims to improve the quality of teaching in schools, as well as to narrow the education gap between rural and urban areas. 4. Beginning the 2008 school session, all school students are eligible for the Textbook Loan Scheme, regardless of their family’s income. 5. Under the Higher Education Strategic Plan, which was launched on 27 th August 2007 to produce first class human capital and to develop worldclass institutions of higher learning, a sum of RM 12 billion will be provided to Ministry of Higher Education to implement these projects:
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Enhancing research, development and commercialisation activities in 4 research universities in Malaysia.
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Increasing the enrolment target of 200 000 students in Universiti Teknologi Mara by 2010
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Upgrading and expanding Universiti Malaysia Kelantan, Universiti Darul Iman, and Universiti Pertahanan.
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Rebranding of community colleges through preparatory colleges at diploma level, establishing new community colleges and intensifying collaboration with private companies. 6. The Government will also increase the number of students in local universities sponsored by the Public Service Department (PSD) and MARA, from 5000 students to 10000 students annually. 7. To accommodate the rising costs of living, scholarship rates by PSD and MARA will also be increased by 23% to 84% for students in IPTAs and up to 97% for students in the United States, United Kingdom and Canada. 8. A sum of RM 2 billion is to be allocated to increase the number and quality of trained
19 workers. Of this sum:
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RM 550 million is provided to upgrade polytechnic and community colleges
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RM 750 million is provided to construct an ADTEC in Taiping, Perak and an ILP in Marang, Terengganu, as well as to upgrade facilities in existing ADTECs and ILPs throughout the country 9. The Government also proposed a tax relief up to RM5000 on education fees for all postgraduate studies. 10. To intensify homegrown research, development and commercialisation activities, the Government will allocate RM 230 million for the Science Fund, RM 300 million for the Techno Fund, and RM 546 million for research institutions. 11. To further establish knowledgebased economy and narrow the digital divide in Malaysia, the Government targets to increase broadband penetration rate from 12% of Malaysian households currently to 50% by the year 2010. 12. To reduce the ruralurban development gap, the year 2008 will see the Government allocating RM 70 million for social amenities (including public libraries) and another RM 15 million for ICT education in rural areas, as well as an additional RM 45 million from the Malaysian Communications and Multimedia Commission to provide internet services to rural schools under the SchoolNet project. 13. For culture, arts, and heritage programmes (including the upgrading of the National Library), a sum of RM 733 million is to be allocated. 14. With a proposal of RM 176.9 billion to be appropriated for the 2008 Budget (comprising of RM 128.8 billion for Operating Expenditure and RM 48.1 billion for Development Expenditure), the social services sector is expected to grow at 8.6%, underpinned by, among others, education and ICT activities. Source: Speech by Prime Minister (who is also Minister of Finance) in introducing the supply Bill 2008 before the Dewan Rakyat (House of Representatives), 7 th September 2007
20 2.3 National Policies & Education in Malaysia 17 Development Policies The education sector in Malaysia has thus far evolved throughout the five major phases in modern Malaysian history: the preindependence era (before 1957), the postindependence era (19571970), the New Economic Policy era (1971 1990), the National Development Policy era (19912000), and the National Vision Policy era (20012010). Yet, the actual development phase can be said to have begun with the advent of the New Economic Policy in 1970. Following the infamous racial riots and tragic events of 13 th May 1969, the government realised the economic disparities in the multiracial communities in Malaysia and hence the New Economic Policy (Dasar Ekonomi Baru) was subsequently launched. With the aim to unite Malaysia by eradicating poverty and restructuring the society, this era (19711990) saw education being the key to heal the imbalances between the races as equal access to education is provided to everyone. The Malay language, Bahasa Melayu, is used as the main medium of instruction in all secondary schools while English is also given the spotlight as the second language in Malaysia. To allow the poor to have more access to education, the government had also introduced educational support programmes such as textbook loan schemes (Skim Pinjaman Buku Teks), fully residential schools (sekolah berasrama penuh), scholarships, and the supplementary food programme (Rancangan Makanan Tambahan). The Integrated Curriculum for Primary and Secondary Schools (Kurikulum Bersepadu Sekolah Rendah dan Menengah) were also introduced during this period, i.e. in 1983 and 1989 respectively. The National Development Policy (Dasar Pembangunan Negara) era (19912000) marked the initial growth of the education sector in Malaysia with the passing and amendment of many laws relevant to the sector. These laws include: i. Education Act 1996 – to replace the 1961 Education Act; ii. Private Higher Education Institutions Act 1996; iii. National Higher Education Council Act 1996; iv. National Higher Education Loan Fund Act 1996; 17 Sources: The Eighth & Ninth Malaysia Plans, Ministry of Finance Malaysia; National Education Blueprint, Ministry of Education Malaysia; National Higher Education Action Plan, Ministry of Higher Education Malaysia; Report by the Committee to Study, Review and Make Recommendations Concerning the Development & Directions of Higher Education in Malaysia 2006, Ministry of Higher Education Malaysia.
21 v. Universities and University Colleges (Amendment) Act 1996; vi. National Accreditation Act 1996; vii. MARA Institute of Technology (Amendment) Act 2000; Throughout this period, initiatives were also taken to: i. increase the accessibility to tertiary education; ii. establish community colleges and matriculation colleges in Malaysia; and, iii. develop ICT infrastructure and facilities in schools, including by establishing Smart Schools since 1999. In actuality, efforts in developing Malaysia since the National Development Policy (NDP) period have very much concentrated in achieving Vision 2020. Vision 2020, a brainchild of Malaysia’s former Prime Minister Tun Dr. Mahathir Mohamad, is the vision for Malaysia to achieve the status of a developed nation by the year 2020. The vision will be accomplished when Malaysia is successfully moulded into a wellrounded nation in its own right, i.e. when all its political, economic, social, spiritual, and cultural aspects are equally developed. A 30year target has been set to make this vision a reality. Subsequent to the NDP is the implementation of the National Vision Policy (Dasar Wawasan Negara) from 2000 to 2010. If the objective of the NDP was to achieve a balanced development in order to create a more just and united society, the objective of the NVP meanwhile is to increase Malaysia’s stability and competitiveness. In addition, these two policies also marked the beginning of Malaysia’s attention to the development of its human resources. Human resources development under the NDP aimed at creating a workforce which is disciplined, productive, and with knowledgebased capabilities. On the other hand, the goal of the NVP for human resources development is to produce a workforce which is competitive and capable enough to, among others: i. meet the challenges of globalisation, liberalisation and rapid expansion of ICT; ii. develop a knowledgebased economy for Malaysia; and, iii. generate citizens of firstclass mentality for Malaysia. Therefore, to kickstart the human resources development plans under the NVP, the education sector has initiated several reforms and reinforcements, including:
22 i. making primary education compulsory for all (in stages beginning 1 st January 2003), as it is statutorily provided in the 2002 amendments to the Education Act 1996; ii. recognising English as the medium of instruction in the teaching and learning of Sciences and Mathematics in schools, a result of a Cabinet decision in 2002; iii. establishing centralised schools, vision schools, and special model schools; iv. providing primary school children from poor families with oneoff RM120 grants each under the 20022003 Budget – this grant was later replaced with a provident fund specifically set up for students from lowincome families (Kumpulan Wang Amanah Pelajar Miskin) in 2004; and, v. introducing the Tuition Voucher Scheme (Skim Baucar Tuisyen) to assist lowachieving students in Year 4, 5, and 6 from lowincome families. Recent Economic Policies: Eighth Malaysia Plan (20012005) As the 8MP period occurs within the implementation phase of the NVP, it is no surprise that the 8MP was engineered to fulfil the NVP objectives of sustainable and resilient growth to create a more united and just society. It is also structured to produce quality manpower to meet the challenges of globalisation, liberalisation, and rapid expansion of ICT as well as to pursue a knowledge based economy for Malaysia. As a result, the main thrusts of the 8MP, briefly, were: i. Maintaining macroeconomic stability; ii. Poverty eradication and restructuring of society; iii. Productivitydriven growth; iv. Enhancing competitiveness in key sectors; v. Expanding the usage of ICT; vi. Enhancing human resource development; vii. Achieving sustainable development; viii. Enhancing the quality of life; ix. Addressing social issues; and x. Strengthening moral and social values.
23 In other words, with the advent of NVP, knowledge and education have become the emphasis of the Malaysian economic policies more than ever. The scenario is evident in major strategies of the 8MP in the developments of human resource, ICT, Science and Technology (S&T), and sustainable developments. The emphasis was also reflected in the revised allocation of RM 40.2 billion from the initial sum of RM 22.7 billion for education and training, which accounts for 25% of the total development allocation for the 8MP. For example, the human resource development of the 8MP involved plans and strategies to increase accessibility to quality education and training, to improve the quality of education and delivery systems, to promote lifelong learning as a means to enhance employability and productivity, to increase the supply of S&T labour force, and to promote Malaysia as a regional centre of academic excellence. Based on the 8MP midterm reviews, these strategies have been carried out by, among others: i. the construction of more classrooms to accommodate the increasing number of primary school students and overcome overcrowding problems in urban schools; ii. the spending of RM 728.1 million to fund educational support programmes, which in turn benefited 2.5 million students nation wide; iii. the implementation of the Teaching and Learning of Science and Mathematics in English programme, which included providing teachers with the necessary training and computeraided teaching and learning materials as teaching aids; iv. the implementation of the Smart Schools pilot project in 87 schools, which involved among others electronic teaching and learning, development of courseware for schools, local and wide area networking, and computerisation of school management systems; v. the 2001 launch of the Computer Infrastructure Project, in an effort to expand the use of ICT and computeraided teaching and learning by providing up to 29% of schools nationwide with computer laboratories, courseware, and Internet connections; vi. the introduction of the meritocracy policy in 2002 (to replace the quotabased university intake policy previously) and a Quality Assurance Division under the Ministry of Education to improve
24 the quality of graduates and education provided in Malaysian educational institutions; and, vii. the development of public university colleges, community colleges, matriculation colleges, open and virtual universities as well as the private education sector to allow more students to attain tertiary education in Malaysia. Ninth Malaysia Plan (20062010) & The National Mission (20062020) Although Malaysia is now entering the second 15year phase before reaching the year 2020, many objectives of the NEP, NDP, and NVP remain. Current global challenges and local demands are nonetheless the main considerations in the formulations of the policy frameworks of the country. For the framing of Ninth Malaysia Plan (9MP), factors such as the rise of China and India in the global economic scene, the overwhelming influence of ICT in financial and commercial transactions worldwide, the increasingly urbanised and educated Malaysian population, and the expansion of the middle income group in Malaysia all come into play. To strengthen the impact of development efforts towards the Vision 2020, the National Mission was devised. The 9MP is the first out of the three 5 year economic plans structured to meet the National Mission. The main thrusts of the National Mission are: i. To move up the economy up the value chain; ii. To raise the capacity for knowledge and innovation and nurture ‘first class mentality’; iii. To address persistent socioeconomic inequalities constructively and productively; iv. To improve the standard and sustainability of quality of life; and, v. To strengthen the institutional and implementation capacity. By looking at the nature of these thrusts, it is evident that education plays a vital role in ensuring the accomplishment of the National Mission. In particular, education is a direct contributing factor in the achievement of the second and third thrusts as they can only be achieved through the education sector. Meanwhile, education is also key in reaching the other thrusts. For example, there is always a need for skilled human resources to develop the manufacturing and ICT sectors because only then Malaysia can move its economy up the value chain. As such, education is essential in producing the
25 skilled manpower in demand. Similarly, in order to better and to sustain the quality of life of Malaysians, key indicators such as per capita income, poverty and hardcore poverty, literacy, crime, and life expectancy rates can only be improved with the growth of the education sector. Therefore, under the 9MP, a total of RM 45.2 million has been allocated for the development of education and training and RM 5.25 million for the development of S&T while another RM 10.2 billion is for educational and training rural development projects and another RM 3.71 million to narrow the digital divide between rural and urban areas through schools, ICT training and services, and development of ICT infrastructures. The allocations for education are to be expended, among others, to: i. bridge performance gap between rural and urban groups; ii. leverage existing ICT initiatives in schools to enhance quality of education offered; iii. fortify national schools to become the school of choice for all races; iv. increase access to quality education in rural areas, Sabah, and Sarawak; v. provide greater access to tertiary education to reach the target of 40% participation rate by 2010; vi. benchmark the quality of local institutions of higher learning against international standards to enhance global competitiveness; vii. develop close collaborations and networking between institutions of higher learning, the industry, and employer associations to enable the institutions to design academic programmes based on market requirements and produce employable graduates; viii. increase proficiency in English, encourage multilingualism, and enhance the ability of tertiary level students to engage in independent research; ix. develop Malaysia into a regional centre of excellence for education and training through smart publicprivate partnership; and x. improve the capabilities of local institutions of higher learning in S&T.
26 Current Education Policies National Education Blueprint The Ministry of Education formulated the National Education Blueprint (PIPP) as a guideline to the development of the education sector during the 9MP period (i.e. 20062010). PIPP’s comprehensively deals with the three major aspects of education development (i.e. infrastructure, content, and manpower) and its ultimate goal is to provide quality education for all. Therefore, to reach this goal, MOE is to embark on two main approaches, i.e. by: (a) Continuing with efforts under the 8MP in ensuring equity and access to education; and, (b) Realising and optimising schools’ fullest potentials in raising the Malaysian education system to global standards. In addition, the PIPP also underlines six strategic thrusts in the development of education during its fiveyear term, which are: 1. To materialise Malaysia’s dream of being a nationstate (Negara Bangsa) through education; 2. To develop a holistic human capital (modal insan) for Malaysia; 3. To strengthen the national school system so that it becomes more favourable to the Malaysian society; 4. To elevate the status and recognition for the teaching profession; and, 5. To spur the growth of Malaysian education institutions towards excellence by clustering them according to their specialisations and niche areas. Under the 9MP, the government has allocated RM 23.2 billion to MOE for the development of education sector. This allocation will then be channelled to implement and finance over 17 179 projects under the PIPP. These projects include constructing and upgrading school and institution infrastructure in rural and urban areas, computerising teaching and learning, increasing educational support programmes, and carrying on with efforts which have already been initiated under the 8MP. The emergence of English as the world’s lingua franca unfortunately has raised many problems which led to the deterioration of the Malaysia’s official and national language, Bahasa Malaysia. Therefore, the PIPP was also framed to address the challenges faced by MOE in ensuring that the national language, Bahasa Malaysia, remain as the key medium of instruction in the Malaysian education system and a means to unite Malaysians. In this respect, the MOE is
27 collaborating with other government agencies such as Dewan Bahasa & Pustaka, National Institute of Translation (Institut Terjemahan Negara Malaysia), National Book Council (Majlis Buku Kebangsaan Malaysia), and the relevant ministries to intensify efforts to revive the national language. One of the most significant measures taken is by implementing the National Book Policy at a much grander scale and by encouraging the participation of key stakeholders in the education sector. Besides the focus on addressing the latest challenges in the education sector, PIPP was drafted to continuously overcome the challenges in education sector which have long existed, especially the great challenge to provide equity and access to education for all. PIPP, in addition, concentrates on measures such as reducing the socioeconomic and digital divide to increase participation in schools, to provide more assistance to students with special financial and physical needs, and to garner more support from other government agencies, corporate bodies, NGOs (nongovernmental organisations), and the private sector in conducting educational support programmes. National Higher Education Strategic and Action Plans Since its establishment and separation from the Ministry of Education in 2004, the Ministry of Higher Education (MOHE) has produced three major reports, the latest being the National Higher Education Strategic Plan (Strategic Plan) in August 2007. The aim of the Strategic Plan is to transform higher education in Malaysia in order to develop a holistic human capital and to achieve this objective, its key thrusts are to be undertaken in four phases: i. Phase 1 (20072010): Laying the Foundation ii. Phase 2 (20112015): Strengthening and Enhancement iii. Phase 3 (20162020): Excellence iv. Phase 4 (beyond 2020): Glory and Sustainability The key thrusts of the Strategic Plan are: i. Widening access and enhancing equity; ii. Improving the quality of teaching and learning; iii. Enhancing research and innovation; iv. Strengthening institutions of higher education; v. Intensifying internationalisation; vi. Enculturation of lifelong learning; vii. Reinforcing the MOHE’s delivery system.
28 Meanwhile, the National Higher Education Action Plan (“Action Plan”) is to deal with Phase 1 of the Strategic Plan by lying down and carry out the necessary measures within the 9MP period. The challenge of the Strategic and Action Plans is no longer to provide tertiary education, but to provide world class tertiary education for everyone so that human capital with firstclass mentality can be produced. The approach to be taken in the transformation plan is the “levellingup approach”, because this approach does not compromise any of the objectives to provide access to education to socioeconomically disadvantaged groups and to develop Malaysia into a competitive global player. It is imperative to fulfil these objectives handinhand in order to meet the challenges of providing worldclass tertiary education. The levellingup approach involves: i. strengthening the local institutions of higher learning through the development of five institutional pillars (i.e. governance, leadership, academia, teaching and learning, and research and development); and, ii. catalysing systemic change by addressing critical agendas of Malaysian higher education (e.g. apex universities, lifelong learning, graduate training, etc).
29 2.4 The Malaysian Education System The period of compulsory education in Malaysia is 11 years, beginning with primary education for 6 years and followed by secondary education for 5 years. Children begin going to school at the age of 7. However, there are a lot of parents at the same time send their children at a much earlier age for pre schooling education in kindergartens. Students begin their secondary education at the age of 12 in secondary schools, i.e. after spending 6 years in primary school. Secondary education ends after 5 years, i.e. after sitting for the Malaysian Certificate of Education (Sijil Pelajaran Malaysia) in the final year of their secondary schooling. Schools in Malaysia are generally divided according to streams and medium of instructions. Public primary schools are divided into national schools (sekolah kebangsaan), Chinese national schools (sekolah kebangsaan Cina), Tamil national schools (sekolah kebangsaan Tamil), and special education for handicapped children (sekolah pendidikan khas) schools. Meanwhile, public secondary schools are divided into daily national schools (sekolah menengah kebangsaan harian), fully residential or boarding schools (sekolah berasrama penuh), religious national schools (sekolah menengah kebangsaan agama), special education schools (sekolah menengah pendidikan khas), technical schools (sekolah menengah teknik), vocational schools (sekolah menengah vokasional) and sports schools (sekolah sukan) (See Table 4). Though they may differ according to their streams and medium of instructions, syllabuses and the textbooks used in public schools, primary and secondary, are formulated, integrated and coordinated by the Ministry of Education Malaysia under the Integrated Curriculum for Primary and Secondary Schools (Kurikulum Bersepadu Sekolah Rendah dan Sekolah Menengah). The number of these schools has increased over the years, due to persistent governmental efforts to make education more accessible in Malaysia. In addition to these schools, there are also schools funded by private corporations, state governments and foreign embassies. The syllabuses and materials used in the pedagogy of these schools differ from one to another. Higher education in Malaysia has taken a huge leap in numbers since Malaysia gained independence 50 years ago. This is to accommodate the rising demand for enrolment in universities as well as the increasing qualifications of the youth generation, which comes as a result of the vast developments in
30 primary and secondary education. Institutions of higher learning in Malaysia may come in the forms of: i. public institutions of higher learning (IPTA), which consist of public universities and colleges; ii. private institutions of higher learning (IPTS), which consist of private universities, colleges, university colleges, and branches of foreign universities; iii. polytechnics; iv. community colleges; v. teacher training colleges; vi. Matriculation colleges. Table 4: Number of Educational Institutions in Malaysia Year Level Primary Institution 2002 2003 2004 2005 2006* National 5581 5664 5772 5761 5774 Chinese National 1286 1287 1287 1287 1288 Tamil National 526 525 525 525 523 Special education 28 28 28 28 28 1627 1698 1761 1812 1829 Fully residential/boarding 43 49 54 54 54 Religious 54 55 55 55 55 Special education 3 3 4 4 4 Technical & vocational 86 86 89 90 90 Sports 2 2 2 2 2 IPTA 17 17 17 18 20 IPTS 534 539 559 559 515 Polytechnics 13 16 19 20 n.a. Community colleges 17 34 34 34 n.a. Teacher training colleges 27 27 27 27 n.a. Matriculation colleges 7 9 9 9 n.a. Secondary Daily National Tertiary st *data until 31 January 2006 n.a. = not available Sources: Ministry of Higher Education Malaysia Statistics 2007.
31 Table 5: Enrolment of educational institutions in Malaysia Year Level Primary Secondary Institution 2002 2004 2005 2006* National 2267359 2336230 2375093 2391223 2400089 Chinese National 628901 639221 647784 645669 639310 Tamil National 91117 93689 96129 98579 102041 Special education 1907 1981 1880 1809 1767 2061153 2064460 Daily National 1920593 1956992 2005138 Fully residential/boarding 25510 28022 31612 33054 30005 Religious 37122 38218 38546 39064 38623 621 613 648 599 521 69110 64933 68742 72838 37885 n.a. 959 989 1037 949 IPTA 281839 294359 293978 307121 331025 IPTS 294600 314344 322891 258825 323787 Polytechnics 52898 53492 64382 73834 82045 Community colleges 3207 6424 8945 9873 11273 Teacher training colleges 25764 24587 24853 28755 n.a. Matriculation colleges 17146 19298 21782 23015 n.a. Special education Technical & vocational Sports Tertiary 2003 * data until 31st January 2006 n.a. = not available Sources: Ministry of Higher Education Malaysia Statistics 2007.
32 2.5 Educational Materials Primary & Secondary Education Background Basic instructional materials used in all schools in Malaysia, particularly public schools, are regulated by the Ministry of Education. These materials are written, published, and printed based on the Integrated Curricula for Primary and Secondary Schools (Kurikulum Bersepadu Sekolah Rendah dan Sekolah Menengah) and in line with the national policies, missions, and laws relevant to Malaysian education. The Textbook Division of the Ministry of Education Malaysia acquires and controls the market for these materials in order to ensure that they are always available and affordable for schoolgoing children to use. Before the school session begins every year, this Division approves new titles and revises the content of previous titles as it deems necessary to ensure that the materials contain the most updated information to meet the demands of the curricula. Basic instructional materials as approved and published by the Textbook Division may be in the form of textbooks, workbooks, activity books, modules, and more recently, with the developments of ICT and the introduction of the teaching and learning of Science and Mathematics in English programme IN Malaysia, CDROMS for teachers and students. For certain subjects, the titles used as basic instructional materials may however differ between schools may vary according to the state or region in which the schools are located. As they are heavily regulated and under constant supervision of the government, the prices of school basic instructional materials are cheap and affordable for most parents to buy for their schoolgoing children. In addition, students from lowincome families who are qualified under the Textbook Loan Scheme (introduced by the government in the 1980s) are also entitled to receive basic instructional materials on loan during each school session. Nevertheless, beginning 2008, all students, regardless of the income of their families, are now similarly eligible under the Textbook Loan Scheme, in an effort by the government to make schooling free in Malaysia.
33 Table 6: Titles Approved or Published by Textbook Division Year 2002 2003 2004 2005 Total (New Titles)* 101 187 71 109 CDROMs n.a. 59** 7*** 39 Other forms of publications
· Textbooks for Year 1 Science and Mathematics in English n.a.
· 20 teachers’ · Jawi activity guides
books for the JQAF · 22 exercise programme
and activity books
· Braille editions of · 10 science textbooks practical for sight workbooks and impaired worksheets
students (in · 11 modules for progress) Civic Education and Vocational Learning
* for both Integrated Curriculum for Primary Schools (KBSR) and Secondary Schools (KBSM) ** Introductory year *** in the form of textbook packages, which are inclusive of CDROMs for teachers and students Source: Annual Reports 20022005, Ministry of Education Malaysia As supplementary to the basic educational materials, schools are allowed to require their students to acquire enrichment materials for the purposes of teaching and learning. Though to a certain extent the Ministry of Education (through e.g. its Education Development Division) does publish and produce these materials for schools to vary their delivery systems, enrichment materials are at the school’s liberty to use. Schools are basically given the freedom to choose, acquire, and use as many titles of these materials based on their own accord, financial resources and policies. Enrichment materials come in various forms, from workbooks and activity books (which are not required by the government as basic instructional materials) to software, interactive media, and audiovisual programmes and recordings.
34 Table 7: Productions by Education Development Division (BTP), Ministry of Education Malaysia Year Courseware titles 2003 n.a. 2004 n.a.
TVP Programmes (broadcasted through ASTRO satellite TV Channel 13) n.a.
· 17 National Schools Strengthening programmes
· 39 “Laman Minda” programmes
· 16 special programmes
· 15 “Lensa Pendidikan” programmes
Other media titles
· 19 softwares
· 3 audio CDs
· 9 “Innovation” modules
· 6 “Creative Teacher” modules
· 97 interactive CDROMs by private sector approved 2005 · 20 ePrimary Malay Language Materials (Year 6)
· 22 eSecondary Malay Language Materials (Form 3)
· 20 ePrimary English Materials (Years 1 & 2)
· 25 titles eSecondary English Materials
· History, Tasawwur Islam, English, Engineering, Malay Language, Additional Mathematics and Islamic studies (for secondary schools) · 30 KBSR and KBSM Malay Language, History, Vocational, and Technical subjects programmes
· 32 teaching and learning of Science and Mathematics in English programmes
· 38 “Laman Minda” programmes
· 24 special programmes
· 15 current affairs programmes
· 42 education programmes in collaboration with private companies for Science and Mathematics n.a. Source: Annual Reports 20022005, Ministry of Higher Education, Malaysia
35 Acquisition of Basic Instructional Materials for Schools 18 The tenders to publish, print, and supply textbooks by the Ministry of Education Malaysia are offered to publishers who are registered with the Ministry of Finance and the Textbook Division, Ministry of Education. Currently, there are 180 publishers registered with the Division. The Textbook Division in the Ministry of Education is responsible in the acquisition of textbooks and basic instructional materials for school students in Malaysia.
There are four methods by which the Division acquires textbooks for primary schools: direct purchases, price quotations, tenders and direct negotiations. In such acquisition, the Division shall consider the most reasonable prices for the government and the contractors; the growth of the local industry; effective asset management; and the fulfilment of the government’s policies. The Division will make direct purchases for services valuing up to RM 10000 per order but less than RM 50 000 a year. For services valuing between RM 50 000 to RM 200 000 per year, the Division will request price quotations for the services from at least five registered suppliers/contractors. The Division will offer open and special Bumiputera tenders for services valuing more than RM 200 000. Direct negotiations will only be entered into by the Division with Dewan Bahasa Pustaka (DBP), a statutory body under the Ministry of Education, upon approval of the Malaysian Treasury. Acquisition by way of direct negotiations is conditional. The Division is only able to acquire textbooks this way: i. if there is an urgent necessity or demand; ii. for purposes of uniformity; and, iii. with regard to one particular service. The tender document and the request for price quotation by the Division shall contain the details of the syllabus, the publishing guidelines, specification for the textbooks, the publishing schedules, the estimated orders for the Textbook Loan Schemes and orders for other purposes of sale, royalties and offer of prices. Once the tender is successful and a registered publisher/contractor chosen by the Division, an agreement will be entered into between the 18 Source: Textbook Division, Ministry of Education Malaysia (http://www.moe.gov.my/bbt)
36 publisher/contract and the Ministry of Education (represented by the Division). The agreement contains, among others: i. Government regulations ii. Authorisation to publish textbooks for the Ministry iii. Representation and warrantees iv. Copyrights and copyright management v. Copyright infringements vi. Restrictions/prohibitions on plagiarisms vii. Contractors’ responsibilities viii. Amount, period, and costs of supplies ix. Related activity books and workbooks x. Executive bonds xi. Packaging specifications xii. Condition of acceptance xiii. Rights of the government in cases of damaged or lowquality books, late or failure to supply, and failure of royalty payments xiv. Price increase xv. Changes in duties and tax rates xvi. Royalties to authors xvii. Royalties by publishers to the government xviii. Reprints and complimentary copies xix. Marketing of the books in foreign markets xx. Damages, stamp duties, commissions, and indemnities The acquisition of textbooks for secondary schools is only done through tenders and direct negotiations for commissions with Dewan Bahasa & Pustaka. A total of 12 titles of secondary school basic instructional materials to be used starting from the 2007 and 2008 school sessions have been acquired through tenders. Meanwhile, another 15 titles have been acquired through direct negotiations for commissions, also to be used beginning 2007 and 2008. These basic instructional materials for secondary schools may come in the forms of textbooks, modules, Science practical books, and CDROMS. Publishing & Production of Basic Instructional Materials for Schools The publishing of textbook packages for primary schools in Malaysia is very much based on the requirements of the Integrated Curriculum for Primary Schools (KBSR). Therefore, materials for primary Level 1 (Years 1, 2, and 3)
37 are focused on basic skills relevant to the subjects as well as the development of the pupils’ wellbeing. For primary Level 2 (Years 4, 5, and 6), the materials centre on the empowerment of such skills, the first acquisitions of knowledge, the inculcation of moral values, and further development of the pupils’ well being. The drafting of the textbooks must also be based on the National Education Policy. Before the drafting begins, the Primary School Publishing Sector of the Textbook Division will prepare the necessary drafting guidelines for every subject. These guidelines give an emphasis on the KBSR principles, the syllabuses, as well as the national aspirations and goals. Textbook packages for primary schools are produced for the use of pupils and teachers. The components of these packages, as required by the subjects, are: i. Textbooks; ii. Malay Language, English, Mathematics and Science CD ROMS for the pupils; iii. CDROMS for teachers of Level 1: iv. Teacher manuals. With the introduction of teaching and learning of Mathematics and Science in the English Language to schools in 2003, the Textbook Division have revised the components of textbook packages to ensure that the new policy is on the track to success. Now, textbook packages for Mathematics and Science contain textbooks, workbooks, activity books, CDROMs for pupils and teachers, manual guides for teachers, and Science practical books for primary Level 2 pupils. In addition, glossary books for Science and Mathematics have also been produced since 2005.
38 Syllabus from Curriculum Development Centre Reading and interpretation of the syllabus Textbook Division conceptualises the textbook package for the syllabus Preparations of book specifications and graphic elements of the package Preparations of drafting guidelines Acquisition by Direct Negotiation Acquisition by Tender syllabuses, graphics, specifications, preparation of tenders and drafting guidelines sent to DBP briefing to DBP Textbook Division opens tender to interested contactors via newspapers DBP prepares proof Textbook Division sells Tender document Assessment of proof briefing to Contractor Final negotiations between Contractor prepares proof DBP and Textbook Division DBP prepares book prototype tender closes Textbook Division makes final checks Contractor prepares materials and gives printing and supply approval DBP prints and supplies textbook based assessment of proofed materials on distribution copy by Textbook Division and selection of Contractor acceptance by successful Contractor final negotiations Publisher prepares book prototype Textbook Division makes final checks Publisher prints and supplies textbooks based on the distribution copy upon approval by Textbook Division
39 Costs & Availability of Basic Instructional Materials for Schools A unit has been specifically set up in the Textbook Division to manage and control the pricing of basic instructional materials for schools. There are two main considerations by this unit in the pricing of the materials: affordability and government funding. The pricing of textbooks mainly cover three main costs: i. Initial costs, i.e. the costs incurred in the initial stage of production and publishing, which may include photocopying and translation costs. ii. Preprinting costs, i.e. all costs incurred from the construction of manuscript to the filming stages of publishing. iii. Printing costs In determining the prices of textbooks, the unit will take into account: i. All the costs incurred during publishing; ii. the rates of component costs and the pricing formulas as approved by the Ministry of Education; iii. the fulfilment of the materials’ specifications; iv. the components, concepts and the working processes in the publishing of the books; v. the size of the printing orders; vi. the management, distribution, copyright licensing, and profits over the materials. The recommended retail price (RRP) for each copy of the material will only be calculated when all information regarding general specifications of the textbooks, the estimated number of graphic elements to be included in the material, the estimated number of printing orders, and the basic costs for printing. The RRP will then be presented to the Committee on Teaching and Learning Materials for Schools (JKBPPS) in a meeting. The JKBPPS generally functions as a body to study the production of textbooks in Malaysia and subsequently make recommendations to improve the quality of textbooks for the purpose of teaching and learning in schools. It also serves as an adviser to the Minister and the Deputy Ministers of Education on issues pertaining to teaching and learning materials from time to time. The Committee is chaired by the DirectorGeneral of Education. In the pricing of textbooks, the JKBPPS will
40 discuss and accordingly approve the RRP as presented by the Textbook Division. In the meantime, the publisher involved will also propose its own RRP over the material to the Textbook Division. The publisher’s RRP forms the basis of the final negotiations between the publisher and the Ministry of Education on the market price for the materials. Upon agreement between these two parties, the final RRP will be printed on the back cover of the materials. Copyright Ownership of Basic Instructional Materials for Schools Copyright of basic instructional materials used in schools may be held by the government or the publisher/contractor, subject to the agreement between the parties. Nevertheless, in cases where the government (through the Ministry of Education) owns the copyright over the materials, the publisher/contractor still retains the control and management over the copyright with the approval of the government. The proceeds from the copyright licensing will then be shared between the government and the publisher/contractor. However, if copyright over the materials and its subsequent editions is owned by the publisher/contractor, the same do not apply. The publisher/contractor is vested with the control and management over the copyright licence and is fully entitled to the proceeds from the copyright licensing. Tertiary Education: Traditional Learning Learning materials for tertiary education purposes are institutionbased. Students are provided with the list of required and recommended materials by their lecturers and course coordinators. Textbooks, local and imported, are acquired by the students themselves by: i. purchasing them brandnew at their own university bookstores or at general bookstores; ii. borrowing them from the library; or, iii. purchasing them secondhand from senior students, relatives, etc.
41 However, as most students view that academic books are still relatively expensive and books at the library are limited, they find that photocopying the learning materials is always a viable option. In fact, photocopying is preferred than obtaining the materials secondhand as Malaysians generally have yet to fully embrace the culture of acquiring and possessing goods of secondhand quality. For other types of materials such as journals, articles, reports, theses and dissertations, etc. are obtained through collections and services provided by academic libraries. Lecture notes may be provided by the lecturers themselves in print or as distributed through online course management systems. Some lecturers also reproduce, compile, and distribute the course materials to their students. ELearning and Open Distance Learning (ODL) in Malaysia Universiti Sains Malaysia (USM) introduced distance education to Malaysia when it established its Centre of Offcampus Studies in 1971. 19 Until another local public institution, Universiti Teknologi Mara (UiTM), implemented its own distance education system in 1990, USM remained as the only local university in Malaysia to offer distance learning options. 20 Subsequently, the 1990s marked the rise in the number of institutions offering ODL courses as the Ministry of Education initiated a new policy to encourage the spur of ODL in Malaysia. 21 This development eventually led to the establishment of Open University Malaysia (OUM), the first fullfledged ODL institution in Malaysia in 2000. 22 Meanwhile, with the increase of internet penetration and the development of ICT infrastructure as the nation moves towards a developed country status, elearning systems began to surface in the local education scene as well. Elearning is seen as not only a great option for local universities to equip its students with the necessary ICT skills; it is also capable of 19 Abdullah Sanusi Ahmad & Mansor Fadzil, Distance Learning Developments in Malaysia (2002), paper st presented at the seminar on “Developing Higher Education for the 21 Century: UK and Malaysia th Perspectives”, The ShangriLa Hotel, 4 April 2002. 20 Ibid. 21 Ibid. 22 Ibid.
42 revolutionising ODL and knowledge management by providing solutions to the emerging challenges in the local education sector. 23 As a result, Universiti Tun Abdul Razak (UNITAR) became the first university in the country and in the region to offer elearning as its main delivery system. The establishment of UNITAR in 1998, however, could never overshadow the fact that concurrently, many other institutions of higher learning in Malaysia, private and public, are also incorporating elearning with traditional methods of learning in their delivery systems. Unlike in western and developed countries, ODL and elearning systems paved a way even for the young school leavers in Malaysia. This is due to the increasing demand for places in local public institutions, which is in fact a positive consequence to the new educational policies implemented by the government at the school level. ODL and elearning provide these school leavers with the opportunity to further their education and obtain a degree without having to shoulder the burden of exorbitant costs which they may face while studying overseas or at other local private institutions. The flexibilities of ODL and elearning as well as a strong governmental support, meanwhile, enable the ODL and elearning institutions to make quality education more affordable to everybody without a huge capital and without incurring high running expenses. Other factors such as the growth in the level of computer literacy, Internet penetration, and public confidence in innovative teaching and learning methods have also encouraged the development of ODL and elearning in Malaysia. Generally, open distance learning (ODL) institutions develop their own print materials and notes which are mailed to students. In addition to these materials, ODL institutions also use textbooks and workbooks. Nevertheless, with the growth of ICT development in Malaysia, more and more ODL institutions begin to develop and rely on digital content. For example, in Open University Malaysia (OUM), one of the main ODL institutions in Malaysia, the teaching and learning materials used is a combination of CDROMs, printed modules, audio and videotapes, online bulletin boards, and Webbased materials. Radio, television, and video conferencing are also used as means of teaching. The contents of these 23 Syed Othman Alhabshi, ELearning: A Malaysian Case Study (2002), paper presented at the AfricaAsia Workshop on Promoting Cooperation in Information and Communication Technologies Development, National Institute of Public Administration Main Campus, 26 th March 2002.
43 materials are developed by OUM’s very own content development centre. Yet, the outsourcing of the content is done selectively. 24 Elearning institutions such as UNITAR do not differ as much in terms of the types of learning materials and the delivery systems. CDbased and web based courseware, online course management system, digitised course materials and notes (prepared by the lecturers), and hardcopy textbooks are used interchangeably in delivering the courses. 25 ODL: The OUM Model 26 Open University Malaysia (OUM) was officially launched on 26 th August 2002. It has a unique a position as it is privately owned and funded by shareholders of the METEOR Consortium, which in turn is a consortium of all public universities in Malaysia. In other words, though it is categorised as a private institution, OUM is indirectly owned by the government. Such a position has allowed the government to show its support in the establishment of OUM. For example, in its inaugural year, the government agreed to provide OUM with a launching grant within its first five years of operation and a government building to house OUM’s campus and operation centre. In its first year of operation, OUM began to offer 13 courses and took in a total of 2600 students, figures which are seen as a positive indication of the future for ODL education in Malaysia. The establishment of OUM signified a new era in ODL developments in Malaysia as it became the first fullfledged ODL institution, a feat achieved only after nine local higher education institutions have ventured into ODL as an alternative to their traditional methods of teaching and learning. These nine pioneer institutions were (in chronological order): Universiti Sains Malaysia (USM), Universiti Teknologi Mara (UiTM), Universiti Kebangsaan Malaysia (UKM), Universiti Malaysa (UM), Universiti Putra Malaysia (UPM), Universiti Utara Malaysia (UUM), Multimedia University (MMU), Universiti Tun Abdul Razak (UNITAR), and International Islamic University Malaysia (IIUM). 24 Supra n 19 25 Source: An interview with Assoc. Prof. Dr. Syed Omar Syed Agil, Faculty of Business Administration, Universiti Tun Abdul Razak (UNITAR). 26 Supra n 19, Annual Report 2003/04, Open University Malaysia
44 OUM offers various undergraduate courses at diploma, certificate, and bachelor levels as well as graduate programmes for teachers and most recently, lifelong learning programmes for adult learners. In tandem with its ODL policies, these courses are delivered in a combination of methods: facetoface (during tutorials at the OUM regional centres), videoconferencing, online learning and forums, radioconferencing, and selflearning packages. In addition to the learning materials mentioned earlier, OUM students are also provided with supplementary learning materials in CDROM, Web format (which can be obtained via its online course management system), or audio/video tapes. The development of learning materials (i.e. the print modules, econtent, and digital materials) is the responsibility of the Centre for Instructional Design and Technology (CIDT). By September 2004, CIDT managed to produce a total of 59 new, 31 revised and 7 reformatted modules, and 7 multimedia titles on CDROM. The printed materials to facilitate learning are developed in two major forms: modules and textbooks which are customised to meet OUM learner requirements. Digital materials for the teaching and learning purposes are generally in multimediarich Web and CD formats, and are developed according to the SCORM standards. The OUM digital library provides one of the biggest support in ensuring the success of ODL as it should be able to provide a 24hour access to the digital and printed resources available to OUM learners everywhere. By 2004, the OUM digital library collection comprised of more than 11 500 volumes of books; 45 000 titles in various digital forms; 3 ebook databases (2 of which notched 300 000 logins throughout the 20032004); 10 ejournal databases; and approximately 234 digitised images of newspaper cuttings from all local newspapers. There are also a special collection comprising of 91 titles of articles, conference papers, books, dissertations and theses by the OUM founder and another special collection comprising of 35 titles of the 2004 OUM President/Vice Chancellor’s publications. The publications in these collections have all been digitised. Access to the OUM digital library is provided to all students and staff of OUM. External membership is also offered to outsiders at a fee for the library services provided, particularly for access to digital collection.
45 ELearning: The UNITAR Model 27 UNITAR is fully owned by KUB Malaysia Berhad, a public listed company incorporated in Malaysia. Elearning and ODL was introduced into the UNITAR system to overcome the major problems which would have been brought about if it is to adopt the traditional method of teaching and learning. These problems include: i. A huge capital investment to build the university infrastructure and maximise its capacity as an institution of higher learning; ii. The burden of costs on students resulting from annual or bi annual university fees, learning materials, lodging, transportation, etc., which every average university student normally incurs. In other words, the hybrid elearning and ODL system was adopted by UNITAR to give more people the opportunities and the access to tertiary education by relieving them from the usual hindrances to tertiary education. With the introduction of this system, all a student needs is a personal computer and internet access. Fees, transportation, lodging, and other additional costs such as optional textbooks will be significantly reduced. Upon registration, every student will be provided with an email account, courseware, and a special training to equip them with the necessary skills to use the online course management system, the virtual library, and the internet. When elearning was first introduced by UNITAR, there were only 162 students, who enrolled themselves for the two undergraduate programmes offered then: Bachelor of Business Administration (BBA) and Bachelor of Information Technology (BIT). These students consisted of two major groups: those who failed to get a place in other universities and those whose secondary qualifications were insufficient to qualify them for undergraduate degrees offered in public universities yet they intended to pursue their degrees. By 2002, UNITAR has more than 7500 registered students pursuing twelve programmes at various undergraduate and postgraduate levels, encompassing different fields of study, including science, information systems and technology, business administration, marketing, hospitality and tourism management, English, and education. The number of programmes offered increased to 26 by 2007. Under the hybrid model, courses in UNITAR are delivered in a combination of three different methods: facetoface (through the tutorials 27 Supra n 23 and 25
46 conducted at its regional centres nationwide), webbased and CDbased courseware and its interactive online course management system called Virtual Online Instructional Support System (VOISS). The webbased and CDbased courseware widely used in UNITAR is developed by a special outfit within UNITAR itself and is highly preferred as it is costefficient and easy to be updated and modified. Since, the outfit also develop multimedia content for clients other than UNITAR as well. Though the multimedia content of this courseware is of quality, students prefer to use textbooks which they can optionally acquire by themselves. Up to 2002, as many as 300 titles of CDbased courseware and 20 titles of webbased courseware have been developed by UNITAR. In addition to the textbooks, UNITAR lecturers instruct their tutors at the regional centres to order from their local distributors for additional books and materials required for the courses. Digitisation of these materials will only be done if only certain parts of the books are needed. UNITAR lecturers also prepare their own course materials and communicate these materials to the students through VOISS and the tutors in multimedia formats. UNITAR owns the copyright over these course materials. The UNITAR elearning is also supported by its virtual library, which has more digital than printed materials in its collection. In real time, these materials as well as access to the library’s subscribed online databases (e.g. ProQuest, ERIC, EuroMonitor, and ABI/Inform Global) with more than 1000 titles are made available to students almost instantaneously, regardless of their whereabouts. Through the virtual library, students may also access additional reference materials such as notes and articles which their course coordinators have posted. The only digitised materials in the UNITAR library are those which made available and accessible through the subscribed online databases. It is, however, unfortunate that the elearning concepts implemented in UNITAR have been done away with since April 2007. The UNITAR management reached such decision based on the recurrence of critical problems, the most apparent being a very technical one: unstable internet speed and connections. The reality remains that Malaysia is still very much a developing nation and ICT infrastructure is at the heart of this development. The technical setback faced by UNITAR therefore is a common problem among all Malaysians in general. Yet, due to its unique circumstances, the problem brings more
47 complications to UNITAR as online tutorial sessions, realtime studentteacher interactions are disrupted and students are no longer able to access VOISS and online materials at their own pace and convenience. This ultimately defeats the flexibilities which only elearning could provide. Worse, it also strengthens the existing lack of confidence among students towards elearning due to stronger preferences towards the traditional facetoface methods of teaching and learning. Today, only the online library and VOISS applications remain as e learning components in UNITAR. Copyright Issues in ODL and ELearning Universities that run elearning and open distance learning develop their own course materials that they provide for students. The course materials consist of teaching notes and summaries of main textbooks referred to in a particular course. The course materials are made available to students either in CDs or online through remote access. Copyrights over the materials are normally held by the universities themselves. In addition to course materials, students are also requested to refer to basic textbooks. The textbooks would have to be acquired by the students themselves. The universities would not indulge in digitisation of textbooks to avoid copyright infringement. Moreover, some established publishers provide electronic version of teaching materials for instructor’s use to facilitate teaching. This acts as a disincentive against digitisation of copyright materials for teaching purposes. University libraries also subscribe to a wide range of electronic materials ranging from journals to ebooks. These materials supplement the basic courseware developed by the instructors for use by students.
48 2.6 Libraries & Resource Centres 28 Libraries in Malaysia Generally, there are 5 types of libraries in Malaysia: the National Library, state libraries, public libraries, academic libraries, and special libraries. Until September 2007, there are 15 state libraries, 885 public libraries, 362 academic libraries and 64 special libraries in Malaysia (See Graph 1). The state of Sarawak, the largest state in Malaysia, has the most number of libraries at 246 while Federal Territories has the least, at 12 libraries.
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Academic libraries in Malaysia may be found in public and private universities, colleges, and institutions (See Graph 2).
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Public libraries, on the other hand, may come in the forms of state, district, rural/village, and town libraries (See Graph 3).
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Special libraries are libraries which are focused on a specific field as they are established for reference of materials by the organisation, agency, corporation or public authority governing it. These libraries include libraries of government ministries and agencies, government training institutes, teacher training institutes, hospitals, nursing/medical colleges, courts, statutory bodies, etc (See Graph 4). In addition, schools are also equipped with their own libraries and resource centres. The funding and acquisition of materials for school libraries, particularly for public schools, are mostly assisted by the government and, often, parentteacher association of each school. 28 Sources: Library Research Division, National Library of Malaysia; Annual Report 2005, Ministry of Culture, Arts & Heritage Malaysia; Library Services Division, International Islamic University Malaysia.
49 Graph 1: Libraries in the States of Malaysia 2006 Libraries in the States of Malaysia 2006 300 246 200 150 131 102 98 100 90 85 90 83 79 76 62 41 50 41 12 P
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80 Use of Libraries and Reading Infrastructures Based on the findings of the Study on the Malaysian Reading Profile 2005, only 58.8% of Malaysians aged 10 years and above use school resource centres while another 21.9% actually take advantage of public libraries. The usage levels of public libraries of more than once weekly only stands at 25.4% for those aged between 5 to 9 years and 28.6% for those aged above 10 years old. This low level usage of public libraries may be due to the insufficient library facilities provided, as 70.4% of the respondents in this study agree that readership and usage of libraries can only be increased if the library facilities and infrastructure are upgraded. Usage of the National Library has also dropped. In September 2007, the National Library recorded the total of 202670 users. This is a significant drop from the numbers in 2005, which saw 328598 people using the National Library, and in 2003, where there were 203188 users. The number of references made in the National Library is also on a decrease. From 2003 until September 2007, the highest number of references was made in 2005, at 873653, followed by 699764 references made in 2004. However, this number fell to 459750 in September 2007. Nevertheless, membership of the National Library has climbed. Until September 2007, there are 763786 registered members of the National Library, an increase from the 693511 members registered in 2005 and 591214 members registered in 2003. Membership of the state libraries, on the other hand, has climbed steadily throughout the 2003 – 2006 period, despite a slight decrease from 2003 to 2004 (See Table 8). The number of state library users has also increased dramatically throughout the same period (See Table 9). In 2006, the state of Perlis has the highest state library membership, as 42.2% of its 228 000 population are registered as members of its state library. Meanwhile, only 4.4% of Sabah’s total population of 2997000 are members of its state library, making it the state with the lowest state library membership (See Graph 5). In 2006, academic libraries in Malaysia has a total of 231 116 members (See Table 10). In the same year, there are 861 527 registered members and 6 117 462 users of special libraries in Malaysia (See Table 11).
52 Table 8: Membership of State Libraries in Malaysia Year Total No. of Members 2003 2004 2005 2006 3084531 3003228 3246005 3293879 Table 9: State Library Users in Malaysia Year Total No. of Users 2003 2004 2005 2006 10820301 11693164 12548449 13002707 Graph 5: State Library Membership against Population of States 2006 Membership of State Libraries as compared to Population of States 2006 45 42.2 35 30 25.3 23.6 25 20 18.4 18.2 17.2 16.8 16.6 15 10 8.1 6.5 6.3 4.9 4.8 4.4 5 gg
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53 In an effort to increase accessibility to knowledge in the libraries and to increase readership among Malaysians, the National Library has come up with initiatives and has consistently been provided with more funding to improve and build more reading facilities in the country through its parent ministry, the Ministry of Culture, Arts and Heritage. One of the clearest initiatives of the National Library is the National Reading Month campaign. Examples of other initiatives can be seen in the following box (See Box 3). Box 3: Library Infrastructure Development Initiatives 2005 1. In 2005, the National Library receives RM 30 million for the Rural Libraries Special Programme to convert existing public buildings into 200 rural libraries, fully equipped with reading material and basic facilities as well as furniture. 2. The project was successful as all the libraries were completed as planned. 3. Furthermore, 147 of these libraries also provide internet and communications facilities through the Universal Service Provision Project (USP). 4. Another initiative of the National Library was the PERDANA Systems Project, which aims to develop a national system of digital libraries through the networking and collaboration of all the libraries in Malaysia. This is to facilitate easy access of information in the country. 5. To achieve the PERDANA System goals, the National Library has developed a host of portals to increase digital content of local knowledge. These portals mainly concern the history and culture of Malaysia and Malay manuscripts. 6. The National Library is also the host to the National Bibliography Project (Katalog Induk Kebangsaan). This project involves all libraries in the country and aims to develop a repository of information resources based on bibliographic and nonbibliographic records of libraries. 7. Similarly, the KIK project is an initiative of the National Library to allow easier access to information and the location of the materials by library users. 8. The KIK project is developed in 3 phases, with 23 main libraries around the country to kickstart the project in the first phase beginning 2005. It is expected that more than 500 libraries will participate by the time this project reaches its third stage.
54 Collections in Libraries National Library The National Library of Malaysia acquires its collections generally through these ways: i. By purchasing the materials ii. By exchange with other libraries or organisations or bodies iii. By donations and gifts from the public iv. By enforcing the Surrender of Library Materials Act 1986 Purchase is the most common method of acquisition by the National Library. Due to increasing allocations each year, the Library is able to purchase more materials. The situation can be gleaned by the fact that, for example, during the 20042006 periods, the Library made 17345 purchases in 2004; 83161 purchases in 2005; and 60628 purchases in 2006 (See Table 12). Through the enforcement of the Surrender of Library Materials Act 1986, the National Library was able to acquire up to 68603 materials in 2004; 102646 materials in 2005; and 139683 materials in 2006. The enforcement of this Act is particularly relevant in the acquisition of Malay manuscripts, documents, written artefacts, and references of historical value for the purpose of preservation (See Table 12). The acquisition method of exchange and gifts is the least common. Between 2003 and 2005, only 15 017 out of the 355 958 total number of materials acquired were acquired by this method. This number forms only 4% of the total materials acquired within the 3year period (See Table 12). The cumulative total of collections of the National Library until 2006 is 2 283 806 units. These collections generally consist of printed materials, non printed materials, digital materials, and Malay manuscripts. The bulk of the collections are printed materials (2 165 841 units), which include monographs, serial publications, seminars, newspapers, posters, maps, etc. Digital materials (17 604 units) in the forms of audio and video CDs, DVDs, and CDROMs are also abundant. Nonprinted materials (93 263 units) in the National Library include audio cassettes, multimedia kits, microfilms, films. The cumulative total of Malay manuscripts in the National Library collection until 2006 is 7098 units (See Table 13; 14; 15; Graph 6 and 7).
55 Table 12: Collections of the National Library by Method of Acquisition Year Purchase Enforcement Exchange/Gifts Total no. of materials acquired 2003 24378 44808 5483 74669 2004 17345 68603 5473 91421 2005 83161 102646 4061 189868 Table 13: Collections of the National Library Year 2004 2005 2006* 2007** 86632 185829 33910 146580 Nonprinted Materials Malay Manuscripts 2012 93 1405 328 172 0 438 23 Digital Materials 2684 2306 401 4956 Total (Units) 91421 189868 34483 153997 Printed Materials Nonprinted Materials 21109 859 48428 846 7812 86 31059 166 93 1635 321 1501 0 203 23 2300 23696 51096 8101 33548 Printed Materials Malay Manuscripts Digital Materials Total (Titles) *data between January till March 2006 only **data ending September 2007 Table 14: Total Collections of the National Library Year Units Titles 2004 91421 23696 2005 189868 51096 2006* 34483 8101 2007** 153997 33548
Table 15: Collections of the National Library 2007 Type of material Monograph Seminar Serial Publication (old & new titles) Newspapers Poster Map Other Printed Materials Master/Original Malay Manuscript Audio Cassette Multimedia Kit Film Other Nonprinted Materials Audio CD Video CD DVD CDROM Total 56 Titles 18720 232 11327 597 1 170 12 23 153 1 11 1 365 1194 447 294 33548 Units 80354 1065 48430 17800 5 656 270 23 305 2 19 112 599 3253 651 453 153997 Graph 6: Collections of the National Library 2007 by Units Collections of the National Library 2007 90000 80354 80000 70000 48430 50000 40000 30000 17800 20000 10000 1065 656 5 270 305 23 2 3253 599 112 19 651 453 R
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Un its 60000 State, Academic and Special Libraries Collections of state libraries are generally funded by the federal and the respective state governments, as well as other sources. These funds are sourced according to territorial zones in which the states are located. In 2006, a total sum of RM 29 349 630.55 was allocated to state libraries throughout the country for acquisition of materials in their respective collections (See Table 16). This allocation was used to bring the cumulative total collection of state libraries to 17 033 636 units in the same year (See Table 17). Special libraries, on the other hand, were allocated with a total of RM 45 128 206 for their respective collections in 2006. Such an allocation allowed these libraries to accumulate their collections to a total of 9 409 983 units in 2006. Collections of special libraries include printed materials (5 799 133 units), nonprinted materials (2 701 158 units), and serial publications (909 692 units) (See Table 18). Collections of academic libraries are some of the widest in Malaysia. The high demands for books and references for academic purposes on short term periods coupled with reluctance to purchase the books have made academic libraries become the main source of materials and references for the university or institution community they cater (See Table 19). For example, until December 2007, the library of the International Islamic University Malaysia recorded a grand total of 945 771 units in its collections, consisting of various forms of copyrighted works from monographic texts, manuscripts, microfilms and periodicals to ebooks, examination papers, these softcopies, and online databases (See Table 20).
58 Table 16: Allocation for State Library Collections States & Zones Northern Zone Perlis Kedah Pulau Pinang Central Zone Perak Selangor WP Kuala Lumpur Southern Zone Negeri Sembilan Melaka Johor Eastern Coast Zone Pahang Terengganu Kelantan East Malaysian Zone Sarawak Sabah WP Labuan TOTAL Federal Allocation (RM) State Allocation (RM) Other Allocations (RM) 526016.72 1318450.72 780000.00 883886.58 2756880.37 526016.72 1318450.72 780000.00 60546.15 1791738.58 3935000.00 712890.88 260112.47 2690142.00 17977324.83 63000.00 640000.00 195265.81 790655.00 2214762.46 1335291.63 268891.00 4230000.00 Total Allocation (RM) 1007432.73 5188618.95 3935000.00 712890.88 455378.28 3480797.00 667725.18 1800.00 2214762.46 2003016.81 270691.00 942075.00 2000000.00 284500.00 9878650.72 942075.00 6230000.00 284500.00 29349630.55
1493655.00 Table 17: Collections of State Libraries in Malaysia Year Collections (Units) 2003 2004 2005 2006 14692742 15109372 16088873 17033636 Table 18: Collections of Special Libraries in Malaysia Year Printed Materials NonPrinted Materials Serial Publications Total (Units) 2002 2106538 2344318 62834 4513690 2003 2302435 2302435 302407 4907277 2004 3907442 872515 531595 5311552 2005 4984650 2576819 790796 8352265 2006 5799133 2701158 909692 9409983 Table 19: Collections of Academic Libraries in Malaysia Year Printed Materials NonPrinted Materials Total (Units) 2002 5901593 896563 6798156 2003 6590151 3392942 9983093 59 2004 7128376 2407837 9536213 2005 6699719 595126 7294845 2006 8061020 7006247 15067267 Table 20a: Materials in an Academic Library’s Collections in Malaysia Type Book Electronic Multimedia Microfilms Manuscripts nonbook Periodical Special collection Collection Archive Braille General faculty publications law monographs light reading Loose leaf research reports Theses Restricted References Smallsized publication Others CDROMs electronic databases Online databases eBooks eJournals theses softcopies Others Kits sound cassettes sound disc Video cassettes Video discs Others Microfiche microfilm reels Microfiche print originals Microfilms art reproduction Charts Folio Map Pictorial Transparencies Others court reports examination papers foreign govt. publications international org. publications Islamic Law periodicals Islamic legislations law periodicals Legislations Malaysian govt. publications official publications Periodicals private sector publications universities publications light reading serials All rare books Total (Units) 2304 47 461639 572 29134 11937 350 74 3302 1550 30851 13291 4776 15369 403 232 7607 133 338 10764 3159 1236 174 6464 985 3 11854 21107 131243 2564 12015 1 41 19 926 637 28 132 18101 2459 166 704 36 77 4821 5919 4195 3016 67796 2016 1633 127 45817 1627 945771 GRAND TOTAL Data until December 2007
60 Academic libraries provides a wide range of resources to students; including books, electronic, multimedia, microfilms, manuscripts, non book and periodicals. Though electronic materials constitute only 8% of the entire collection, however, it takes a substantial portion of the acquisition budget. In IIUM for example, an approximate of the of RM 5.5 millions is spent on online databases (electronic respurces) plus journals, magazines, newspapers (serials). Generally, subscription fees are set according to the size of community, value of the print subscriptions, number of journal titles, number of site licences with guaranteed 510% annual increase. Table 20b: Online Databases Subscribed by an Academic Library Field of Study Architecture & Environmental Design Economics Education Engineering General Human Sciences Information Technology Language & Literature Law Databases Subscribed 1. Avery Index to Architectural Periodicals 2. Business Source Premier 3. Construction & Building Abstracts 1. EconLit 2. Emerald FullText 3. Global Market Information Database 4. ILOLEX: Database of International Labour Standards 5. Monthly Bulletin of Statistics Online 6. SpringerLink 1. ProQuest Education Journals 2. PsycARTICLES 3. PsycINFO 1. ACM Digital Library 2. Engineering Village 2 3. ENGnetBASE 4. IEEE Explore 5. Physical Review Online Archive (PROLA) 6. ScienceDirect 7. MASTICLink: Online Science & Technology Database 1. A to Z List of Journals 2. Encyclopaedia Britannica Online 3. Global Books in Print.com 4. Expanded Academic ASAP 5. Index Islamicus 6. PapersInvited 7. LexisNexis Academic 8. LISA: Library & Information Services Abstracts 9. ProQuest Dissertations & Theses: A & I 10. ODS (Official Document System of the United Nations) 11. United Nations Treaty Collection 12. Annual Reviews 13. NSTP emedia 14. Oxford Reference Online 15. Scopus ProQuest Social Science Journals Classification Web Ullrich’s Periodical Library 1. CLJ Law 2. LexisNexis Total Research System 3. LawNet 4. Westlaw International
61 Field of Study Medical Sciences Databases Subscribed 1. Doody’s Core Titles in Health Sciences 2. Lippincott Williams & Wilkins Total Access Collection 3. MD Consult 4. ProQuest Health & Medical Complete 5. ProQuest Nursing Journals 6. UpToDate 7. YourJournals@Ovid 8. Micromedex Drug Database 9. EBSCO Medical Databases (on trial) 10. Expert Reviews Journals on Future Drugs (on trial) 11. Expert Reviews Journals on Future Medicine (on trial) Source: Library, International Islamic University Malaysia (IIUM) Accessibility & Use of Resources National Library The National Library offers four main library services, namely: i. Reference ii. Lending iii. Hypermedia iv. Reader Advisory Through the reference services, materials made available for the use of the public vary. The Malaysiana Information Centre provides materials in the forms of printed and nonprinted materials, serial publications, microfilms, microfis, and databases. The General Information Centre has printed materials, databases, Harvard materials, United Nations materials, serial publications, and einformation in its collection. The Malay Manuscripts Centre offers reference to original manuscripts and microfilmed manuscripts. In 2007, a total number of 459 750 of references to these materials have been made and it is recorded that 202 670 people had used these services. Other reference services provided by the National Library include information packages services, microfilm newspaper and newspaper printing services, media resources reference services and electronic information services.
62 Table 21: References of the National Library Collections 2007 Service: Type of Material No. of References made Malaysiana: Printed Materials Malaysiana: Serial Publications Malaysiana: Microfilms/Microfis Malaysiana: Databases Malaysiana: Other Information Packages General: Printed Materials General: Databases General: Harvard Collection General: United Nations Collection General: Other Information Packages General: Serial Publications General: Einformation/MYLIB Hypermedia Malay Manuscripts: Original Malay Manuscripts: Microfilms/Microfis Information Expertise Total 138 214 190 765 2 896 126 764 51 409 886 1 802 1 199 452 15 307 20 210 34 900 345 178 297 459 750 Data until September 2007 Graph 8: Number of References made in the National Library Reference of Materials in the National Library 2007 250000 190765 No . o f Referen ces m ad e
200000 150000 138214 100000 51409 50000 34900 15307 20210 2896 764 126 1802 1199 886 452 345 178 297 In
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ls 0 The National Library provides individual lending services for its registered members whilst an institution may also request a loan for books in a bulk. The Bulk Loan Service has proven to be effective in providing institutions with limited financial resources to acquire the books yet they intend to promote reading as a culture. Interlibrary lending services are also available through the Publication Delivery Services (PDS). At the Hypermedia Centres, adults and children alike are provided with access to the Internet, online databases (e.g. EBSCO, CLJ, Mastic Link, BOND, SIRIMLink, etc), ondemand CDs and videos, as well as multimediarich information in digital formats. Under the Reference Services, National Library users are able to access, among others: i. Packaged information through collective CDROMS, databases, and Internet; ii. Microfilm newspapers using the four microfilm readers available for 30 minutes per library user; iii. Malaysiana references through various information resources and online databases; iv. Serials in print and nonprint formats, online (e.g. NSTP Online), and via CDROMS (e.g. General Periodicals Ondisc, Malayan Law Journal, etc). v. Media resources (e.g. audio cassettes and CDs; videos in VHS, DVD, and VCDs; ASTRO satellite television programmes; Malay Films Showcase, etc). vi. Information on the MyLib Database, subject to restrictions if the relevant information is available on private domain. The National Library has also embarked on initiatives to provide more digital resources and accessibility to local knowledge content. The box below shows some of the digital initiatives so far, as of September 2007.
64 Box 4: Digital Initiatives of the National Library 2007 1. IIDL or International Islamic Digital Library was developed since 2004 and one of knowledge portal contains information about Islamic in all aspects. This portal contains digital contents from books, manuscipt, nadir book, magazine articles, conference paper and islamic artifact in 3 dimensional presentation. IIDL's development objective are to prepare and distibute information regarding islam and the followers all over the world through internet; to be a reference site for islamic knowledge; to create awareness amongs the muslim regarding worldwide islamic resources; and to become a world information and anything from outside Malaysia. 2. The Yang Dipertuan Agong portal was established in year 2004. It contains variety of information regarding Yang diPertuan Agong based on national regulation. A lot of information can be acessed from this site for empowering knowledge on the royalty ruling system in Malaysia. This portal is categorised by 7 sections, which are Sistem Monarki Malaysia, Kuasa Diraja, Seri Paduka Baginda, Alat Kebesaran Diraja and Adat Istiadat Diraja Istana Negara. The objective of this site is to bridge the communication between the Ruler and the public. It also aimed to create a patriotism towards the national Ruler. The Raja Berperlembagaan system provides Malay Royalties from nine States which are Negeri sembilan, Selangor, Perlis, Terengganu, Kedah, Kelantan, Pahang, Johor and Perak equal opputunity to be Yang di Pertuan Agong for five year period. Seri Paduka Baginda(SPB) Yang diPertuan Agong is a national symbol of unity and dignity of the poeple towards the nation. Each of the nationalities should understand and respect the specialties of SPB yang diPertuan Agong as stated in Perlembagaan Malaysia. 3. The ELibrary User Education project was developed by National Library and UNESCO based on web pages and has been created through elearning packages for public. Its objectives is to educate the readers to be a well educated user and also enhanced their information research skills. This project also educates the user by the self learning course using the interactive multimedia and mastering the elearing skills towards a well educated community. Elibrary user Education module is an education portal with a self tutorial learning concept. This module was developed as a web based elearning package and being financially supported by UNESCO for public usage. 4. The Sirih Pinang: Symbol of Malay Heritage webpage was developed in 1999 to enriched the public knowledge on sirih pinang. It contains 1,835 images from various aspect of sirih pinang which been categorised into 28 titles including sekapur sirih, origin, usage, local fairy tales, tepak sirih, sirih junjung, kapur, gobek etc. The usage of sirih pinang as an important tool and is a must in culture development which is inherit from the anchestors. Sirih was used by Malays and Indians as a symbol of culture and as an important segment in their ceremony from a long time ago. The usage of sirih varies from cultural aspects as sirih eating, weddings, ceremonies and also in medications.
65 Academic Libraries In IIUM, the type of reference materials made available in the library is of three kinds:
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Monographic texts Such as dictionaries, encyclopaedia, directories, biographies, numerical data, compilations, handbooks, manuals, bibliographies, gazetteers, compilations, atlases, indexes and abstracts, theses, research reports, pictorial collections, examination questions, official publications, journals, newspapers, bulletins, popular magazines, statutes, reports, journals, books, seminar papers, etc
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Multimedia collection Non print materials in the form of audio and video cassettes, microfilms, microfiche, CDs. Slides, transparencies and kits.
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Electronic collection Materials in this category include CDRoms, ejournals, web sites and in house or online databases. Users can access these resources via workstations available near the Information Desk, while those accessible through the Internet can be accessed remotely from within and outside the University’s campus. All the three types of materials are protected by copyright. Some materials are limited to lecturers, post graduates and maximum privileges are for the University’s top management. Access to online and digital materials comes with a number of restrictions. From Table 22, it could be seen that the licensing terms of online and digital databases differ from one product to another. From the four major digital databases surveyed, licences are conferred on a non exclusive and non transferable basis. The usage of the database is only allowed for licensee, registered user, and in some instance walk in users. Some of the digital databases are rather generous in the type of use authorised including sharing for research purposes, inter library loans, course pack and reserves, distance learning packages, back up and archival rights. However, as each database has separate repositories, the libraries have no choice but to subscribe to databases with more restrictive terms in order to widen access to academic materials to their users. Each of the allowed use is restricted to the conditions mentioned in the database. Usage of the purpose of course packs is restricted to only ‘excerpts of the licensed database’ according to one database or ‘reasonable portion of the licensed materials’ or ‘parts of licensed materials’ according to two others. Copying and storing is only limited to a single copy of the licensed materials. Posting a complete copy of articles, chapters, issues, or books, on personal or institutional websites is not allowed.
66 One database, commendably, allows authorised users to make up to 25 copies of any single article to assist research or teaching. Whilst another do not allow the licensee to make print of electronic copies of multiple extracts of licensed materials other than back up copies. The list of restrictions in the licensing agreements are also numerous. One of the restrictions is modifying, adapting, transforming or creating any derivative work in any medium based on the materials provided by the database producer. In a way this would restrict the use of the licensed materials to develop course instructional materials. One of the databases explicitly provides that the use of licensed materials for use in for profit distance learning packages would require a separate agreement with the publisher. In relation to copyright exceptions, only one of the databases surveyed expressly provide that is does not oust the operation of copyright principles. This is important as some of the restrictions in the licensing agreements may restrict the flexibilities conferred under the copyright law. Only one of the databases surveyed allowed the licensee to own and possess their subscribed materials after the expiry of the licensing agreements. One of the databases explicitly require their licensees to destroy superseded versions of the CD ROMs and is only allowed to retain the most recent version. One of the databases restricts the interlibrary loan provision to only academic, research or other noncommercial library. The availability of inter library loan is crucial to dissemination of knowledge particularly that not all academic libraries are blessed with the financial capacity to subscribe to online and digital databases. Though some of the databases allow remote access to digital materials, this is normally allowed through secure access procedures established by the licensee. The requirement of secure access can be of particular problem to some universities that do not have the required infrastructure and technology to do that. As a result, in some universities remote access to online and digital databases are only restricted to off campus use. In IIUM, for example, remote access is restricted to postgraduates and academic members. Remote access is particularly useful for distance education and availability of remote access is instrumental in the dissemination of reading resources to students who are widespread in terms of geographical location.
67 Table 22: Online Databases Licensing Terms Online Database Type of License Elsevier Nonexclusive, nontransferable Access, search, browse, & view Print & download reasonable portion of excerpts Linking excerpts to licensee’s internet & intranet websites Emerald FullText Nonexclusive, nontransferable access for licensee and authorised users via a secure network for the purposes of research, teaching, private study download, or print the licensed materials for internal marketing, testing or training purposes search, view, retrieve and display Springer Link Nonexclusive, nontransferable use and to provide authorised users access with licensed materials via a secure network browse, search, retrieve, display, download, print and store individual articles or book chapters for scholarly research, educational and personal use Interlibrary loan print & deliver excerpts to fulfil requests as part of interlibrary loans from other non commercial libraries within Malaysia supply another library a single print copy of an electronic original of an individual document for research or private study purposes and not commercial use Sharing transmit excerpts to other authorised users and to third party colleagues for scholarly or research use distribute single copies of parts of the licensed materials in print or electronic form to other authorised users Coursepacks & reserves incorporate links to excerpts in electronic coursepacks, reserves, and course management systems incorporate parts of licensed materials in coursepacks and electronic reserves authorised users to make up to 25 copies of any single article to assist research or teaching interlibrary loan to academic, research, or other noncommercial library interlibrary loan through secure electronic transmission remote access to the licensed materials through secure access procedures established by licensee Incidental and nonsystematic sharing for collaborative research and scholarly purposes sharing for re transmission is however not permitted use a reasonable portion of licensed materials in the preparation of coursepacks or educational materials for classroom instruction
Authorised Use 68 ProQuest Nonexclusive, nontransferable use of licensed products for internal or personal use provide public access to and retrieval of data and information through the licensed products by or for walkin users while onsite create printouts of materials retrieved through licensed products via online printing, facsimile or email for internal or personal use link to search results or materials Online Database Research purposes Elsevier Distance Learning packages Backup/Archival rights Restrictions Copyright abridge, modify, translate or create any derivative work remove, obscure or modify any copyright notices, and other notices or disclaimers substantially or systematically reproduce, retain or redistribute the licensed products Emerald FullText electronically save parts of licensed materials for personal use print off single copies of parts of licensed materials Springer Link provide access to and permit copying by members of the public send single articles to research colleagues outside the licensee institution ProQuest licensed products not to be used for profit distance learning packages make backup copies of licensed materials make temporary local electronic copies by means of mirrored storage remove or alter the author’s names or the licensor’s copyright notices make print or electronic copies of multiple extracts of licensed materials mount or distribute any part of the licensed materials on any electronic network other than the secure network use all or any part of the licensed materials for commercial use systematically distribute the whole or any part of the licensed materials publish, distribute or make available the licensed materials, alter, abridge, adapt or modify licensed materials licensee may make one copy in electronic and print form each from electronic versions of the licensed materials any form of remote access to the licensed materials by members of the public copying and storing is limited to single copies of a reasonable number of individual articles copying and storing of entire issues by authorised users modify, adapt, transform, translate or create any derivative work posting complete articles, chapters, issues, or books on personal or institutional websites substantial or systematic reproduction; redistribution, resale, or sub licensing publish, broadcast, sell or use any licensed materials use of licensed products to execute denial of service attacks and perform automated searches redistribution of licensed materials providing access to licensed materials to other libraries or third parties regular or systematic downloading of all or any part of the licensed products remote access limited to authorised users through user id, passwords, IP address verification or other forms of secure user verification Nothing in the licence affects licensee rights under copyright law the licensed materials are protected by copyright and/or database rights All intellectual property rights remain the sole propriety of licensor
69 Copyright issues in libraries Copyright policies set the parameters in which libraries could make materials accessible to their users. To ensure enough reading materials, especially basic textbooks, procurement of books are done based on student ratio. For example, at the International Islamic University Malaysia, the ratio of student to textbook is 1:20. Academic libraries do not resort to easy ways of supplementing materials; print, electronic or audiovisuals; by any method of duplicating such photocopying, digitising or scanning due to copyright policies. Universities have also put up copyright notices within their premises to warn of students and staff of copyright implications. Copyright policies have also restricted the manner in which library materials are preserved or replaced. To avoid the rigidity of the copyright system, academic libraries develop their own institutional repositories which consists of copyright materials created by their staff and students. Through collaboration, the academic libraries share their institutional repositories with each other. Academic libraries participate in open access platforms as a measure to widen the dissemination of materials. Most major academic libraries provide access to online databases which access has been acquired through licensing agreements with the database producer. The licensing agreements are often negotiated individually and the fees set by the database producer may differ from one institution to another. The database producers set the terms of the licensing agreements. To avoid differential treatment, academic libraries have established a consortium through which they negotiate with database producers. The licensing fees set by the database producers are rather high and constitute a major portion of the libraries’ acquisition budget. As a result, many academic libraries discontinued with their subscription of the print version of journals. This move restricts the availability of reading materials to students especially as remote access to online databases is restricted.
70 COMMERCIAL & INDUSTRIAL PRACTICES 3.1 Book Publishing Books sold in Malaysia are generally categorised by its target readers. The categories based on this classification are textbooks, children’s books and books for adults. 29 Other classifications include government and nongovernment publications. The biggest and most profitable category of publications in Malaysia is the textbooks and schoolrelated materials category. In 2004, the publishing industry in Malaysia is estimated to be worth USD 405 million and involves around 500 publishing companies. 30 Until June 2007, there are 138 publishers who are registered as members of the Malaysian Book Publishers Association (MABOPA). From 1997 to September 2007, a total of RM 14 120.8 million have been invested by local and foreign investors to finance 265 approved publishing and printing projects in Malaysia. 31 In Malaysia, every book published locally must be registered under the Deposit of Library Material Act 1986. Between 1997 and 2006, the number of books registered under this Act in general has leaped steadily, from 5557 local titles registered in 1997 to 14 563 in 2006 (See Table 23). There is also barely any gap between the categories of books in the growth of the industry throughout the same period. The rise of the local book publishing industry is in tandem with the rising awareness to take a more positive outlook and more adaptive approach towards the government’s policies in achieving the national agendas. The undergoing implementation of the 9MP, for instance, with its major thrusts in moving towards a knowledgebased Malaysian economy as well as in developing human capital and a firstclass mentality among all Malaysians, have pushed the publishing industry to be more competitive and innovative in making knowledge more accessible to the masses by providing better and cheaper reading materials. 29 Source (unless stated otherwise): Interview with Mr. Law King Hui, President of the Malaysian Book Publishers Association (MABOPA), 13 th December 2007. 30 Ng Tieh Chuan, Trends in Malaysian Book Publishing (2005), paper presented at the Round Table Forum “ASEAN Publishing Trends”, Queen Sirikit National Convention Centre Bangkok, 26 th March 2005. 31 Source: Malaysian Industrial Development Authority (MIDA), Ministry of International Trade and Industry Malaysia.
71 In a move to promote the book industry, the National Book Council of Malaysia (MBKM), in close collaboration with the Malaysian Book Industry Council (MBIC), organises the Kuala Lumpur International Book Fair annually. The National Book Council (MBKM) is a notforprofit body established since 1968 under the Ministry of Education. 32 It serves as the professional and advisory body on the development of book council in Malaysia. Though its administrative function is exercised by a secretariat in the Ministry of Education, it draws its strength from its members and the book industry in general to achieve its objectives in promoting professionalism in the industry, coordinating book development activities, encouraging readership, and facilitating negotiations among key industry players. Nevertheless, the industry foresees that an independent MBKM has the ability to bridge the industry and the government in ensuring a better future for the book industry and the education sector in Malaysia. To begin with, MBKM should be vested with more independence and grants in order to fully accomplish the goals of the National Book Policy (Dasar Buku Negara) and to put into effect a National Book Act (Akta Buku Negara) for Malaysia. The National Book Policy, adopted in 1985, aims at making books an essential commodity in Malaysia due to its immense role in educating and developing the minds of Malaysians in the present and for the future. The MBIC, on the other hand, comprises of the key players in the Malaysian book industry: MABOPA, the Malaysian Book Contractors Association (MBCA), the Malaysian Booksellers Association (MBA), the Malaysian Book Exporters and Importers Association (MBEIA), and the Malay Publishers Association (IKATAN). It serves as a platform resolve issues which involve the industry as a whole. 32 Supra n 30
72 Table 23: Books registered under the Deposit of Library Material Act 1986 SUBJECT Generalities Philosophy, Psychology Religion Sociology, Statistic Politics, Economic Law, Public Administration and Social Sciene Military Art Education Trade, Communication, Transport, Tourism Ethnography, Cultural Anthropology Language, Linguistics Mathematics Natural Science Public Health Engineering Technology, Industries, Trade and Crafts Agriculture, Forestry, Stockbreeding, Hunting, Fishing Domestic Science Management Physical Planning, Town and Country Planning, Architecture Plastic and Graphic Arts, Photography Music, Performing Arts Games and Sports Literature Geography History, Biography 1997 128 51 398 89 279 1998 100 55 721 123 199 1999 157 59 547 105 334 2000 73 48 587 60 194 2001 109 61 802 100 258 2002 197 71 894 106 244 2003 201 56 989 97 239 2004 206 118 532 42 190 2005 203 172 375 120 168 2006 1,672 154 589 53 153 2007 46 104 604 150 83 427 3 185 247 6 142 353 9 152 254 2 384 286 2 300 319 5 462 278 10 519 210 50 533 202 4 3,271 183 4 2,368 122 2 135 51 15 24 56 55 94 91 35 119 114 49 82 1,138 533 155 119 19 803 338 129 89 81 662 369 157 121 9 1,335 405 441 112 16 1,240 313 380 69 92 1,801 387 327 106 81 1,937 382 417 75 63 444 142 243 42 61 1,786 494 343 86 134 4,010 826 576 152 43 1,739 268 443 79 108 36 84 87 104 138 129 238 350 1,125 41 134 48 112 117 50 151 158 86 165 105 50 148 75 100 145 51 89 216 44 79 257 36 10 135 87 104 382 65 77 135 17 40 86 20 6 11 15 16 16 27 36 260 466 31 69 47 67 1,048 76 77 40 10 2,160 38 120 41 50 998 74 45 47 21 654 64 68 35 22 1,272 85 67 18 23 1,064 83 59 21 33 1,247 95 30 18 19 1,102 83 99 64 65 984 207 75 55 77 850 424 40 28 17 1,276 149 190 145 167 145 177 170 266 168 304 226 227 5,557 5,816 5,084 5,341 6,090 7,040 7,629 4,725 10,310 14,563 5,819 Text Book Children 1,553 2,383 1,310 3,085 1,169 1,193 2,470 2,382 1,947 2,471 1,839 3,200 1,941 3,420 1,183 1,003 3,863 2,470 5,493 3,929 1,600 2,597 Adult 1,621 1,421 2,722 489 1,672 2,001 2,268 2,539 3,977 5,141 1,622 5,557 5,816 5,084 5,341 6,090 7,040 7,629 4,725 10,310 14,563 5,819 TOTAL READERSHIP LEVEL TOTAL GOVERNMENT PUBLICATIONS Government Publication Non Government Publication 390 286 894 830 848 883 91 1,104 1,447 2,791 454 5,167 5,530 4,190 4,511 5,242 6,157 7,538 3,621 8,863 11,772 5,365 TOTAL 5,557 5,816 5,084 5,341 6,090 7,040 7,629 4,725 10,310 14,563 5,819 *Books include monograph and other printed (non book) materials i.e. maps, posters and charts
73 Graph 9: Industrial Growth by Number of Titles Number of Titles by Readership Level Categories 6,000 5,000 4,000 Titles 3,000 2,000 1,000 0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year Text Book Children Adult
Pricing of Local Books The pricing of locally published and authored books are very much market driven and selfregulated. This is mainly due to the fact that being relatively small in population and geographical area, the Malaysian market for local books is also small. It is nonetheless a competitive market as local publishers have to compete with their foreign counterparts in the market for tertiarylevel textbooks and trade books as well as against each other in the market for school textbooks and children’s books. To determine the market price for each local book to be sold, a gross profit of 40% to 50% will be marked up by the publisher (See Table 3.2 and Chart 3.2). Out of this percentage, 30% will be given to the bookseller/retailer and 10% will be granted as royalties to the author (a more known author may be granted with royalties from 12% to 15%) (See Chart 3.1). The remaining sum is to cover the expenses incurred during the printing, publishing, transporting and warehousing the books. It is also noteworthy that there is not much difference in the pricing policies of translated and copublished books. 74 Table 24: Gross Price Distribution for Local Education and Academic Books Costs* Profits Total 50% 50% 100% *include costs for printing, transportation, warehousing, distributing, etc. Pie Chart 1: Gross Profit Distribution for Local Education & Academic Books Profit Distrib ution for Local Educatio n and Academic Boo ks (based on the 50% p ro fit margin) Royalties for author, 10% Publisher, 10% Retailer, 30% Pie Chart 2: Gross Price Distribution for Local General Books for Children & Adults 33 Pric e Distribution of Local General B ooks fo r Children & Ad ults Paper, typesetting, cover design, printing, 20% Distributor & Retailer, 60% Author & Publisher, 20% 33 th Elizabeth John & Nurris Ishak, “No Quickfix Spells on Book Prices”, News Straits Times, 20 November 2007.
75 Copyright Infringements of Local Books The local publishing industry suffers mostly from the infringing activities committed by private tuition centres. These centres offer extra classes for school children after school hours. Though they may operate their businesses legally, they have been identified as the main culprit in the photocopying, compiling, and reselling the copies to their students. In other words, generally, private tuition centres infringe copyright to provide materials in the conduct of their business. The situation is rather unfortunate because, as established earlier, school textbooks and workbooks published locally are very much affordable to the public. Nevertheless, the number of complaints on these infringements remains low due to several factors, including the low level of copyright awareness among Malaysians. Further, local publishers have higher tolerance to copyright infringements simply because they do not actually suffer huge monetary losses resulting from copyright infringements as compared to their foreign counterparts. Above all, the level of copyright infringement of local books is generally low as well because school students and the public can afford to buy the cheap local books. Copyright Awareness in Malaysia Copyright awareness is noted to be very low among Malaysians. The most glaring indicator of this situation is that Malaysians have little respect for copyright.
Copyright and copyright laws are relatively new and as such people have only begun to know about it. As a developing nation, the country’s focuses have always been to eradicate poverty and to increase its GDP. Matters such as the empowerment of Malaysians with knowledge and firstclass mentality have only recently been highlighted. Therefore, acts of infringing copyrights such as photocopying, plagiarising and the trading of pirated copyrighted works are generally very common in Malaysia. The photocopying of books, for example, is preferred especially among tertiary students because it is not economical for them to buy the original copy especially when they only need a part of it for their studies. Furthermore, the general view is that the prices of books in Malaysia remain to be high as compared to their income and the costs of other living
76 expenses. The situation is even more relevant for tertiary students, who have limited financial resources and even smaller allowances for books under their scholarship or education loan programmes. However, the book industry opines that the general view on high book prices in Malaysia is a common misconception. (See Table 25) The reality is that readership among Malaysians is low. Therefore, so long as the readership continues to be low, the Malaysian market for books is always small in volumes and weak in terms of its purchasing power. This will ultimately affect the prices of books, especially imported books, in the local market. Low readership is also the reason why students never seem to have enough allowances for original copies of books. Despite a regular increase of allowances under scholarship programmes to accommodate the rising cost of living expenses, students prefer to source the money for purposes other than purchasing original books (See Table 26). Another factor contributing to the high rates of photocopying activities by tertiary students is the very fact that they heavily rely on foreign textbooks. Although local content and the pool of local authors for tertiarylevel textbooks are growing, many fields of studies such as humanities, Islamic knowledge, engineering, medicine, ICT and sciences continue to rely on foreign textbooks. The reliance on foreign textbooks could also depend on the policies and course contents offered by a particular institution of higher learning.
77 Table 25: Academic Book Prices in a Particular Field of Study (Law) by Local and Foreign Authors, as sold in General and University Bookstores Area of Law Law of Contracts Titles by Local Author(s) Syed Ahmad SA Alsagoff, Retail Price University General Bookstore* Bookstore** RM 130.00 RM 130.00 nd Legal Systems Law of Torts Family Law 2007) Oxford University Press. RM 31.40 RM 34.90 Walker & Walker’s English Legal System 2005) Pearson Malaysia. Norchaya Talib, (9 ed, 2005) Oxford University Press. J Murphy, Street on Torts (12 th edition, 2007) Oxford University Press. Company Law RM 192.10 RM 210.61 RM 75.00 RM 117.00 RM 130.00 N V Lowe & G Douglas, Bromley’s Family Law (10 th edition, 2007) Oxford University Press. RM 161.90 RM 179.90 RM 63.00 (student edition) RM 180.00 J E Martin, Hanbury RM 210.00 RM 227.50 RM 150.00 RM 299.86
& Martin: Modern Equity (17 th edition, Equity & Trusts in Malaysia (2005) Sweet & Maxwell Asia Rachagan, Pascoe, & Joshi, RM 139.90 RM 67.50 Law of Torts in Malaysia (2 nd Malayan Law Journal. Wan Azlan Ahmad & Paul Linus Andrews, RM 125.90 th Divorce Laws in Malaysia (2005) Equity & Trusts R Ward & A Wragg, Malaysian Legal System (3 rd ed, edition, 2003) Sweet & Maxwell Asia. Zaleha Kamaruddin, Retail Price University General Bookstore* Bookstore** RM 152.90 RM 129.90 Cheshire, Fifoot & Furmston’s Law of Contract (15 th ed, Principles of the Law of Contract (2 ed, 2003) Malayan Law Journal. Wu Min Aun, The Titles by Foreign Author(s) M Furmston, 2005) Sweet & Maxwell. RM 144.00 RM 160.00 Concise Principles of Company Law in Malaysia (2004) P Lipton & A Herzberg, Understanding Company Law (13 th edition, 2006) The Lawbook Co. LexisNexis. * Source: Pekanbuku Bookshop, Universiti Malaya. **Sources: Kinokuniya Bookstores (Malaysia) Sdn.Bhd 78 Table 26: Break up of Scholarship Loan Schemes for Local Institutions Sponsor/ Loan Provider Levels & Programmes Annual Allowance for Living Expenses / Loan Grants Annual Book Allowance Other Annual Allowan ces Fees Allocation (RM) Public Service Department (Jabatan 1. Diploma RM 4100 RM 250 RM 90 IPTA Poly 966 400 2. First Degree l Arts & Professional Arts RM 4700 RM 280 RM 90 Arts Pro.Arts 1020 1100 l Sciences (Pure & RM 4700 RM 280 RM 90 Pure Applied 1240 1320 l Technology RM 4700 RM 280 RM 90 Tech. 1400 l Medicine/dentistry RM 5500 RM 320 RM 90 Medicine Dentistry 1800 1700 Veterinary RM 4700 RM 320 RM 90 Pharmacy Veterinary 1700 1700 All Bachelor’s Degree programmes RM 6500 RM 800 Based on amount as provided by institution Telekom Malaysia Foundation (Yayasan 4 Diploma/Pre university/ALevels RM 5400 RM 300 Not available Telekom Malaysia) 4 Bachelor/Masters RM 6000 RM 600 National Higher Education Loan Fund (Perbadanan 4 Diploma l IPTA/Polytechnic – Sciences/Arts
RM 5000 RM 2500 RM 1000 OUM, UNITAR, KYM) RM 5000 RM 20 000* RM 5000 RM 20 000* RM 5000* RM 20 000* – Sciences/Arts RM 3700 RM 3700 RM 3700 – Allied Health
RM 5000 RM 5000 RM 5000 RM 6500 RM 6500 RM 3000 RM 3000 RM 1600 RM 1800 RM 6500 RM 3000 RM 1100 RM 16 000 RM 20 000 RM 13 000 RM 20 000 RM 10 000* RM 20 000 RM 16 000 RM 13 000 RM 10 000* RM 4200 RM 4200 RM 4200 RM 4200 RM 4200 RM 4200 RM 10 000 RM 10 000 RM 8000 RM 8000 RM 8000 RM 8000 RM 10 000 RM 10 000 RM 8000 RM 8000 RM 6000 RM 6000
Perkhidmatan Awam) Applied) l Pharmacy / Central Bank of Malaysia (Bank Negara Malaysia) Tabung Pendidikan Tinggi Nasional) l IPTS (all except l IPTS (OUM) – Sciences/Arts
l IPTS (KYM) – Sciences/Arts First Degree l IPTA/Polytechnic – Sciences – Pharmacy/ Dentistry/ Medicine – Arts l IPTS (all except OUM, UNITAR, KYM) – Sciences – Medicine/ Optometry/ Pharmacy/ Nursing – Arts l IPTS (OUM) Sciences – Arts l IPTS (UNITAR) *Maximum amount **Entitlement of scheme is based on the net income of each student’s parent/guardian 79 Measures To improve copyright awareness in Malaysia, the book industry has attempted to establish a Copyright Clearance Centre (CCC), as it is practiced widely in Europe and USA now. CCC serves as a medium to control the photocopying of copyrighted works by legitimate photocopying business in Malaysia. The control mechanism is such that the CCC will issue licences to these businesses to photocopy copyrighted works. In return, the photocopiers must follow the procedures as laid down by CCC, which includes a report (based on a standardised form to be filled by the customer) and a standardised additional fee to be charged for every request for the photocopying of a copyrighted work. Unfortunately, though the MBIC could establish the CCC, poor public response has rendered the CCC stagnant. Major detrimental factors include: i. Difficulties in enforcing the regulations and the licensing of photocopy centres as low levels of copyright awareness may lead to confusion among the public and abuse by the business operators ii. Limited resources to expense the CCC operations and establishment iii. The additional charges may not suit local circumstances as it would place a financial burden upon low and averageincome citizens in a developing nation such as Malaysia. Alternatively, the publishing industry have been involved in increasing copyright awareness in Malaysia through dialogues and seminars organised at the industry level as well as through its participation in campaigns on reading awareness and the fight against piracy at the national and regional levels. 3.2 Book Retailing 34 In 2004, there were approximately 600 book retail outlets for the 23 million Malaysians that year. 35 In other words, there is one outlet for every 38 000 people. Nevertheless, it is to be noted that 45% of these outlets are located in Kuala Lumpur and Selangor (the most populated and urbanised areas in the country) while 20% are located in the northern states of Perak and Pulau Pinang; 10% are located in the southern state of Johor and 25% of the outlets accounts for the remaining areas in Malaysia. 34 Ibid. 35 Supra n 30
80 There are four major determining factors which would determine the retail price of a book in Malaysia: i. Size of the market or number of target readers/buyers; ii. Affordability; iii. Profitability; iv. Location of the bookseller. As earlier mentioned, the bookseller/retailer gets the largest share from the profit margin marked up by the publisher, i.e. up to 30% for local educational/academic books and up to 60% (including the distributor’s share) for local general books. This share, however, does not come in the form of a commission to the retailers. Instead, book retailers gain their share in the form of discounts from the publishers. The discounts which the retailers receive are based on their negotiations with the publishers, which mainly revolve around by the volume of their orders from the publishers and the length of time they are able to sell the books they ordered. Subsequently, the retailers may also use their ‘profit’ to provide further discounts for their customers and to promote the books in their shops. 3.3 Book Importing The book importing industry in Malaysia for the year 2007 (until September 2007) is worth RM 227 million. Though the industry has grown steadily since 2004 and 2005 from 10.8% to 22.37%, the 2007 figure marks a significant decline in the industry by 26.24%. Despite the decline, the USA and the UK rank as the top source countries for imported books in Malaysia. The reliance on American and British books has, however, reduced as compared to previous years, as more books are brought in from more diverse countries such as India, Australia, Syria, and China.
81 Table 27: Value of Malaysia’s Book Imports by Major Source Countries Country/Year USA (RM) UK (RM) Taiwan (RM) China (RM) Hong Kong (RM) Ireland (RM) India (RM) Australia (RM) Germany (RM) Syria (RM) 2004 153 552 350 54 689 489 24 705 438 9 579 053 11 761 386 1 813 590 9 609 549 3 891 864 3 376 692 7 070 2005 137 766 488 74 553 893 22 530 857 17 565 219 13 394 695 12 467 485 9 197 878 3 770 105 3 536 251 828 352 2006 154 030 179 68 145 908 52 872 940 25 051 081 13 843 688 20 826 365 11 874 516 4 016 934 5 763 560 5 211 450 * data from January to September 2007, Ibid. 2007* 109 534 829 38 311 431 18 819 651 18 913 775 9 597 260 5 961 605 7 286 114 4 455 124 3 330 947 4 767 434 Source: Malaysia Trade Promotion Corporation (MATRADE), Ministry of International Trade and Industry Malaysia. Table 28: Rankings of Major Source Countries for Malaysia’s Book Imports Country/Year USA UK Taiwan China Hong Kong India Ireland Australia Germany Syria 2004 1 2 3 6 4 5 9 7 8 10 2005 1 2 3 4 5 7 6 8 9 10 2006 1 2 3 4 6 7 5 10 8 9 *data from January to September 2007, Ibid. 2007 1 2 4 3 5 6 7 9 10 8 Overall Rank 1 2 3 4 5 6 7 8 9 10
Source: Malaysia Trade Promotion Corporation (MATRADE), Ministry of International Trade and Industry Malaysia. Graph 10: Value of Malaysia’s Book Imports by Major Source Countries Millions Value of Malaysia's Book Imports 180 160 140 Value (RM) 120 2004 2005 2006 2007(JanSept) 100 80 60 40 20 Sy
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0 Maj or Sourc e Co untri es Source: Malaysia Trade Promotion Corporation (MATRADE), Ministry of International Trade and Industry Malaysia. 82 Graph 11: Total Value of Malaysia’s Book Imports Millions Total Value of Malaysia's Book Imports 450 400 397.904908 350 325.177113 Total Value (RM) 300 293.490315 250 227.027085 200 150 100 50 0 2004 2005 2006 2007 (JanSept) Year Source: Malaysia Trade Promotion Corporation (MATRADE), Ministry of International Trade and Industry Malaysia. Importation of Books into Malaysia Malaysia still practices the conventional method of importing books, i.e. by purchasing the foreign titles from regional distributors. 36 These distributors are usually located in neighbouring Singapore; despite some foreign publishers may have set up their representative offices in Malaysia. No Malaysian importer is allowed to make direct purchases from the foreign publisher or its authorised distributor in the source country. 37 This practice thereby eliminates any form of parallel importation of books, especially in nonedistributor countries such as Malaysia. These restrictions have been imposed by the foreign publishers themselves, who remain as the dominant force in the global publishing industry today. The sole regional distributors, as appointed by these publishers, also control the distribution of the foreign titles by having the power to decide the titles which may be imported into the countries in the region and which may not. 38 36 Supra n 33 37 Ibid. 38 Ibid.
83 Consequently, the number and variety of foreign titles available in Malaysia may be limited. The complex flow of importation may also accumulate additional costs of the books by the time they reach Malaysian shores. A feasible recourse to these problems is for Malaysian publishers to publish local reprints or editions of the foreign titles under the licence and proper authorisation of the foreign publisher. This has been a normal practice in countries such as China and India. However, due to major factors such as weak purchasing power, low returns, and small market, foreign publishers are reluctant to grant such licences to local Malaysian publishers. 39 Therefore, international editions of foreign titles currently available in the Malaysian market are still imported from the respective regional distributors. Pricing of Imported Books Due to the fact there are no taxes and duties being imposed on books imports and other factors noted earlier, the price of imported books in Malaysia is therefore is highly regulated (See Table 29) The Ministry of Domestic Trade and Consumer Affairs, the Ministry of International Trade and Industry, and representatives from the Malaysian Book Exporters and Importers Association (MBEIA) form a committee whose role is to fix a standard book exchange rate from time to time. This standard rate represents a 90day average market exchange rate as approved by the ministries. Costs for freight, transportation, logistics, risks, and other recurring expenses in the importation of the books, which may make up to 30%, will then be added by the importers. The regulated pricing has managed to stabilise the market prices of imported books in Malaysia throughout the years, despite the increasing fuel prices, shipping, air freight and security charges. Book importers, on the other hand, have learnt to adapt to the rising charges and the regulated prices by increasing the volume of sales and not overordering the books from their foreign publishers and distributors. 40 All bookstores are also subjected to the regulated pricing, regardless of the nature and size of their businesses. Any party found not in compliance will be taken action against it by the Enforcement Division of the Ministry of Domestic Trade and Consumer Affairs. 39 40 Supra n 38 Supra n 42
84 Nevertheless, the 30% markup to accommodate the importing costs can still be reduced at the discretion of the importers and distributors. University bookstores and coops, for example, have always managed to sell imported academic textbooks at a lower price as compared to the general bookstores due to large and stable market they cater (i.e. the university community) where the textbooks are continuously high in demand. The price difference between these two kinds of bookstores may range from 7% and, for some titles, up to 50%. Table 29: Academic Book Prices in Malaysia and Key Foreign Markets Field of Study Economics Accounting Engineering Law Information Technology Humanities (Psychology) Medicine (Anatomy) Sciences (Biology) Titles E A Diulio, Schaum’s Outline of Macroeconomics (3 rd edition, 1997) McGraw Hill. P A Libby, R Libby, & D G Short, Financial Accounting with Annual Report (5 th edition, 2006) McGrawHill. T B Davis & C A Nelson, Andel Millwrights & Mechanics Guide (5 th edition, 2004) Andel. A T H Smith, Glanville Williams: Learning the Law (13 th edition, 2006) Sweet & Maxwell. A Curry, et al, Managing Information Systems: The Business Perspective (2005) Routledge. A J Dubrin, Applying Psychology & Individual Organisational Effectiveness (1999, 5 th edition) Pearson Higher Education. R L Drake, W Vogl, & A W Mitchell, Gray’s Anatomy for Students (2004) Elsevier Health Sciences. G W Stout, et al, Biological Science 2: Systems, Maintenance & Change (1997) Cambridge University Press. Malaysia (MYR)* 35.80 Retail Price US (USD)** 12.21 127.80 88.49 n.a. 159.80 31.50 n.a. 87.50 26.34 n.a. 185.60 n.a. 25.99 372.50 n.a. 34.99 345.40 n.a. 42.99 159.90 n.a. 22.95
*Sources: MPH Bookstores Sdn.Bhd; Kinokuniya Bookstores (Malaysia) Sdn.Bhd. **Source: www.amazon.com ***Sources: www.waterstones.com; Blackwell Online Bookshop UK (http://bookshop.blackwell.co.uk 85 UK (BP)*** n.a. FLEXIBILITY OF MALAYSIAN COPYRIGHT LAWS 4.1 The Malaysian Copyright Act 1987 The current Malaysian Copyright Act 1987 came into effect on 1 December 1987. The Act has undergone a series of revision; 1990, 1996, 1997, 2000, 2002 and 2003 for various amendments. Two of the revisions, i.e., in 1990 and 2000, took place for the purpose of accommodating international treatise and conventions that Malaysia became a member to. The 1990 revision is for the purpose of aligning domestic laws to the Berne Convention and the 2000 amendment to the TRIPS Agreement. The 1996 amendment took place principally to address the overlapping protection between industrial designs and copyright which is no longer necessary due to the introduction of a domestic registration system under the Industrial Designs Act 1996. The 1997 revision took place to expand copyright to digital materials as a support to the setting up the Multimedia Super Corridor project. The 2002 revision is to enable the corporatisation of the Malaysian Intellectual Property Office (MyIPO). The 2003 Amendment took place to increase the penalty for copyright offences and vest the enforcement agency with the power to arrest without warrant. 4.2 Malaysia’s International Obligations concerning Copyright Malaysia is a member of the Berne Convention and TRIPS Agreement. Though Malaysia is yet to accede to the WIPO Copyright Treaty 1996 and the WIPO Performances and Phonogram Treaty, most of the substantive provisions of these two treaties are already incorporated into domestic laws through the 2000 amendments of the Copyright Act 1987. Malaysia is planning to accede to the WIPO Copyright Treaty 1996 in 2008. As a result of membership to the Berne Convention, copyright is extended to works which country of origin is a member of the Berne Member Convention through the Copyright (Application to Other Countries) Regulations 1990. The Regulations came into force on the 1 st October 1990. The list of countries that enjoy national treatment protection under the Regulations as listed in the attached Schedules are however limited. The country that enjoys protection for sound recording as listed in Schedule 1 is the United States of America (including Puerto Rico, Guam and the Virgin Islands of the United States of America). No countries were listed in Schedule 2 and 3 for countries enjoying protection for broadcasts and countries enjoying protection for published editions. In 1994, the United Kingdom was added to all three schedules.
86 The 2000 Amendments took care of Malaysia’s obligation to the WTO. Several new rights were introduced; including performer’s right and border measures for copyright enforcement. The application of copyright is further extended to WTO member countries through the amendment of the Copyright (Application to Other Countries) Amendment Regulations 2000. All countries that are members of the World Trade Organisation was added to the list of countries enjoying protection for sound recordings in Schedule 1 and Countries enjoying protection for broadcasts in Schedule 2. Malaysia plans to accede to the WIPO Copyright Treaty 1996 in 2008. Despite that, the obligations under the Treaty have been incorporated into the Copyright Act 1987 in 1997. With the setting up of the Multimedia Super Corridor in 1995, there were concerns that copyright should be extended to digital works. The 1997 amendments and the incorporation of the WIPO Copyright Treaty 1996 were done for that purpose. Some of the provisions of the WIPO Performances and Phonogram Treaty 1996 have also been incorporated in 2000 when the performer’s right was introduced in Malaysia. 4.3 Limitations and Exceptions to Copyright in Malaysia The limitations and exceptions to copyright are enlisted in section 13(2) of the Copyright Act 1987. Generally, the categories of people/organization that enjoys copyright exceptions are: i. private user; ii. educational institution; iii. libraries; iv. disabled community; v. broadcasting organization; vi. news agency. The type of exceptions differs according to type of works and the people / organization concerned.
87 Table 30: Copyright Exceptions according to Categories of Recipient Private user Educational institution Fair dealing for specified purposes The inclusion of a work for illustration for teaching purposes Libraries Recording of sound recordings for educational purpose Recording of educational broadcast programmes Reproduction of typographical arrangement if use in public interest and compatible with fair practice Making of quotation from a published work Reproduction and distribution of copies of any artistic work situated in public place The reproduction and distribution of copies of artistic work situated in public area The setting of exam questions Fair dealing for specified purposes Recording of broadcast for time shifting purposes Fair dealing for specified purposes Any use for public interest and is compatible with fair practice Disabled community Fair dealing for specified purposes The making of copies of television broadcasts which are subtitled or otherwise modified Broadcasting organization Fair dealing for specified purposes The inclusion of any artistic work situated in a public place News Agency Fair dealing for specified purposes Reproduction of articles published in newspapers The incidental inclusion of a work in a broadcast Reproduction of typographical arrangement for fair dealing purposes As can be seen, the exceptions are restrictive, subject to many conditions, technologically outmoded and do not facilitate unreserved access to knowledge and information. In addition to the above exceptions, section 31 of the Act allows compulsory translation right to produce and publish in the national language a translation of a literary work written in any other language. The granting of the compulsory licence is made through the Copyright Tribunal. No such licence was ever applied and granted in Malaysia. Another major concern with the exceptions are that they are not an absolute right but rather privileges which is invoked by way of defence and need to be specifically proven by the recipient.
88 The Act currently does not regulate licensing agreements that have adverse effects on trade or constitute anti competitive practices or impede the transfer and dissemination of technology. 4.4 Flexibility in the Global Copyright Regime and Copyright Laws in Malaysia Subject Matter Protected Political Speeches The Berne Convention allows the exclusion of political speeches, political debates and speeches delivered in the course of legal proceedings from copyright. The Malaysian Copyright Act 1987 does not have any express provision to the effect. Protection over Data Article 10(2) of the TRIPS Agreement provides that protection given to compilations of data does not extend to the data itself. Section 8(2) of the Copyright Act 1987, however, extends copyright to compilation of ‘mere data’. This could have substantial impact on access to critical information contained in databases. Rights Granted Parallel Imports TRIPS Agreement leaves the issue of ‘exhaustion’ open which implicitly allows parallel importation. Section 13(1) contains a proviso that allows domestic exhaustion to take place and not international exhaustion. This section would be construed as not embracing the flexibility given under the TRIPS Agreement in relation to parallel imports. Given that Malaysia is a small market, the possibility that copyright producers would not have the economic incentive of circulating his work in Malaysia is high. Thus, adopting domestic exhaustion instead of international exhaustion could be a barrier to access to knowledge and information.
89 Commercial Rental Right The commercial rental right conferred under the Malaysian Copyright Act 1987 is broader than that envisaged under the TRIPS Agreement. Article 11 of the TRIPS Agreement provides for rental right to two categories of work; i.e. cinematographic work and computer program. Section 13(1) of the Malaysian Copyright Act 1987 confers commercial rental right to literary, musical or artistic work, a film, a sound recording or a derivative work. TRIPS Agreement further curtails commercial rental right only If the commercial rental has led to a widespread copying which materially impairs the exclusive right of reproduction of the author or copyright holder. Compulsory Licensing Section 31(3)(a) allows a compulsory licence to be issued if the translation of a work in the national language has not been published by the owner of the copyright within a year after the first publication of the work. This provision is by far more generous than the Berne Convention that only allows the issuance of compulsory license three years after the first publication of a work. The Berne Convention also allows the issuance of compulsory translation right to broadcasting organizations provided that the translation is only for use in broadcasts intended exclusively for teaching or for the dissemination of the results of specialized technical or scientific research to experts in a particular profession. It would be of Malaysia’s interest if this provision is adopted. The Malaysian Government has availed itself of the faculties provided for in Articles II and III of the Appendix when it deposited the instrument of accession on June 28, 1990. Pursuant to paragraph 2 of Article I of the Appendix of the Berne Convention (Special Provisions Regarding Developing Countries), notifications regarding the application of nonvoluntary licenses for translation and/or reproduction of works filed with the Director General of WIPO automatically lapse on expiry of the tenyear fixed period starting on October 10, 1974, the date of entry into force of the 1971 Paris Act, or any subsequently running tenyear period. That means that irrespective of when a country files a notification during a tenyear period, it automatically lapses at the end of that period, namely on October 10 of the fourth year of the next decade. The first tenyear period of the Appendix expired on October 10, 1984, the second period expired on October 10, 1994 and the third tenyear period
90 expired on October 10, 2004. It is questionable whether Malaysia has renewed the notification of the Appendix so as to benefit from it during the current fourth tenyear period that will expire on October 10, 2014. Anti Circumvention The Copyright Act adopts the provisions in the WIPO Copyright Treaty 1996 in relation to both the circumvention of technological protection measures and digital rights management even though Malaysia is yet to accede to the Treaty. The WIPO Copyright Treaty 1996 allows member countries to extend the existing copyright limitation to the provision relating to technological protection measures. However, there are no express exceptions to the anti circumvention provisions in Malaysia. Educational Broadcast The Berne Convention gives national law makers the freedom to determine the conditions under which the copyright owner can exercise his right of broadcasting. The Malaysian Copyright Act 1987 only allows the educational institution to reproduce broadcasts in 4 instances: i. the inclusion of a work in a broadcast for illustration for teaching purposes; ii. the recording of broadcast intended for educational institutions; iii. the making of a sound recording of a broadcast for private and domestic use of the person by whom the sound recording is made; and iv. the making of a film of a broadcast if it is for private and domestic use of the person by whom the film is made 4.5 Criminalisation of Copyright Infringement Section 42 of the Copyright Act 1987 enlists a host of copyright offences punishable by imprisonment and or a fine. These offences are: i. Makes for sale or hire any infringing copy; ii. Sells, lets for hire or by way of trade, exposes or offers for sale or hire any infringing copy; iii. Distributes infringing copies; iv. Possesses, otherwise than for private and domestic use, any infringing copy;
91 v. By way of trade, exhibits in public any infringing use; vi. Imports into Malaysia, otherwise than for private and domestic use, an infringing copy; vii. Makes or has in his possession any contrivance used or intended to be used for the purposes of making infringing copies; viii. Circumvents or causes the circumvention of any effective technological measures; ix. Removes or alters any electronic rights management information without authority; or x. Distributes, imports for distribution or communicates to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority. We echo the view of the Indonesian country study report that intellectual property is a private right. Thus the criminalization of copyright offences and the utilization of public resources to stem copyright piracy which is essentially a violation of individual’s private right is a clear mishandling of public resources. 4.6 Photocopying, Book Piracy & Copyright Infringements 41 Common Forms of Copyright Infringements on Books Although Malaysia remains on the United States Trade Representative Special 301 Report Watch List for 2007, books and literary works remain the least pirated copyright work after software and films. For instance, out of 1475 copyright infringement cases reported in 2006, only 2 cases involved books and literary works. 42 Meanwhile, out of the RM 4 569 657 total value of goods seized under the Copyright Act 1987 in 1997, only RM 111 656 worth of goods and machinery were seized in relation to book piracy and illegal photocopying activities. 43 In Malaysia, books rank as the fourth most commonly pirated copyright work after software, films and music. The percentage of book piracy in Malaysia 41 Source: Interview with Mr. Iskandar Halim Hj. Sulaiman, Deputy Director, Enforcement Division, Ministry of Domestic Trade and Consumer Affairs Malaysia, 12 th December 2007. 42 Source: Enforcement Division, Ministry of Domestic Trade and Consumer Affairs Malaysia. 43 Ibid.
92 is only 10% and a fraction of the percentage of software, films and music piracy. Malaysia has successfully reduced Software Piracy from 80% to 63%, music to 40% and film to 50%. Table 31: Copyright Piracy Statistics in Malaysia Year Search /Raids 2006* 2005 2004 2003 788 38,022 25,508 30,970 *data until 10 th February 2006 Number of cases 241 3,780 4,400 9,504 Number of Arrests Number of seized items Value of seizure 117 710 524 124 224,940 4,781.040 6,081,045 4,575,101 RM 36 650 245 RM 100 367 107 RM29 216 528 RM45 665 038 Source: Ministry of Domestic Trade & Consumer Affairs Malaysia Copyright infringements involving books occur in at least three different forms. The most common is book piracy, where local publishing and printing continue to print or publish books without the authorisation and payment of the royalties to the authors. These pirated books often look identical to the books originally published with proper authorisation. Therefore, as the prices of these pirated books are cheaper, the consumers would unknowingly opt to buy them over original books. The Internet also poses a high risk for book piracy as people are able to download the books from it and reprint it using the ordinary machines in their homes and offices. Next is the photocopying of books, particularly academic ones. Academic books are perpetually in demand by students of higher learning. However, due to limited their limited financial resources, students generally cannot afford to buy all the books they need for their studies. The small allowance given by major sponsors to the purchase of books contributes to university students resorting to photocopying academic books. The annual allocation of RM 250 to RM 320 for book acquisition is by far less than the actual cost of purchasing academic texts essential to most university programmes. Many university programmes still rely substantially on foreign textbooks. This has created a lot of demand for photocopying facilities in university campuses and areas surrounding them. Therefore, photocopying centres, especially those located near or within campuses would always be willing to gain extra income by photocopying popular academic books. These services may be available upon request by students. Worse, to ease their business operations some photocopying services even photocopy the books in bulk beforehand and resell the copies later to students.
93 There are, however, no reports of the use of black market books by students in Malaysia. It is believed that illegal reprinting activities also exist. However, these activities do not involve physical theft of the original copies from the warehouses. Instead, illegal reprinting in Malaysia is done by making duplicates of the original books through market comparisons and the latest printing and copying technologies. Due to its high demand, comic books and light reading materials such as novels are also being pirated. Contributing Factors In general, factors which contribute towards copyright infringement of books and literary works in Malaysia are similar to the factors which contribute towards infringements of other copyrighted works. Nevertheless, as an observation, the Enforcement Division of the Ministry of Domestic Trade and Consumer Affairs views that copyright infringements over books in Malaysia came about according to current market demands of individuals and organisations in a specific area, regardless of the types or the country origins of the books. Though pricing seems to be a major factor, it remains doubtful whether a reduction in book prices would ultimately lower the level of book piracy and copyright infringements. This doubt arises from the situation with the piracy of CDs and DVDs in Malaysia, which has yet to see a decline even when film and music copyright owners have agreed to significantly reduce the prices of this media form. Box 5: Factors of Book Piracy in Malaysia 1. High book prices, especially academic books. The high demand of academic books for reference purposes and limited financial resources of students often ‘force’ them to resort to photocopied books. 2. Books are no longer available in the local market or are increasingly unavailable. This result in consumers having no choice but to opt for pirated versions of these books. 3. Slow entrance of a highdemand book into the Malaysian market. As these books are already available in foreign markets, the high demand will ultimately push for these books to be produced locally without proper authorisation. 4. Confusion. Due to the limited skills and awareness in differentiating between the pirated and the original versions of the books, the arising confusion would lead the consumers into buying the pirated versions. The confusion may also arise from the advancement of printing and copying technologies today, which are able to produce almost identical copies of the original versions.
Source: Enforcement Division, Ministry of Domestic Trade 94 4.7 Enforcement of Copyright Laws in Malaysia Copyright Enforcement Mechanisms The Enforcement Division will only enforce copyright laws after official complaints or reports are made by the copyright owners or its representatives under the Copyright Act 1987. There are two main reasons why this mechanism is taken into practice: i. To facilitate investigations and subsequently the prosecution’s case ii. To exercise due care during the course of enforcement operations in mitigating the risks of negligence suits by the copyright owners If the case is successfully brought to the courts, the court will then determine whether there has been an infringement or whether the exception on private use can be established. The general presumption held by the Enforcement Division is that the exception on private use will be extinguished if the reproduction is made for the financial benefit of any party. To increase the level of copyright awareness and enforcement, the Ministry, in collaboration with copyright owners or on its account, has taken numerous steps. In addition to these measures, the cooperation of institution managements, students, lecturers, other consumers and copyright owners are also greatly needed to provide the relevant information to combat the piracy menace. Box 6: Measures to Increase Copyright Enforcement and Awareness 1. To strengthen the manpower, the number of enforcement officers is expanded from time to time. 2. To ensure that the laws remain efficient and suitable to current needs, more studies and researches are conducted frequently. 3. To ensure that the enforcement officers remain competent and are able to execute their duties effectively, they are being put in a continuous and rigourous process of training. 4. To facilitate the smooth running of enforcement operations, regulations, legal measures as well as heavier punishments for copyright offenders are introduced. 5. To increase efforts in combating the piracy of CDs and DVDs, a special task unit has been established. 6. To increase copyright awareness among members of the public, talks, seminars, workshops, and campaigns are organised. Source: Enforcement Division, Ministry of Domestic Trade and Consumer Affairs
95 Reported Cases 44 Surprisingly, the trend is that copyright owners, especially local ones, seldom approach the Enforcement Division to lodge an official complaint. The complaints lodged in 2007, which were later taken action upon, were all lodged by an Americanbased publishing company located in Malaysia. As a result, most copyright infringements go unreported and further legal action cannot be taken. The situation may, however, change for the better if the CCC is reactivated and brought into full force. For example, in 2005, a total of only 3 cases (including a case involving the infringement of Quranic texts, covers, and translations) were reported. In 2006, 2 cases were reported in Shah Alam. However, as a result of complaints lodged by a copyright owner the following year, 17 cases were being investigated in 2007. The 2007 cases were reported in Penang, Kajang, and Kuala Lumpur. During the investigations, the Division seized up to RM 111 656 worth of pirated books and machinery to conduct the infringing activities. The books seized were mostly academic books with fields of study as diverse as accounting, marketing, information systems, human resource management, finance, systems analysis and design, organisational behaviour, creative thinking skills, veterinary drugs, surgery, and nursing. In one particular case, 2 units of dictionary on environmental sciences and technology were also seized. 44 Source: Enforcement Division, Ministry of Domestic Trade and Consumer Affairs, Malaysia.
96 CONCLUSION The following factors affect access to educational materials in Malaysia: i. Restrictive terms of licensing agreements. Access to foreign databases is facilitated through licensing agreements that contain terms more favourable to the database producers. These agreements further restrict the usage of the databases, even though such usage may fall within copyright exceptions. The fees imposed on usage are also very high, and publishers practice price differentials between academic institutions. ii. Unfair terms of licensing agreement. Access to foreign databases is facilitated through licensing agreements. These agreements contain terms that are more favourable to the database producers. The agreement further restricts the usage of the databases even though the usage may fall within copyright exceptions. The fees imposed on the usage of the databases are also very high and the publishers practice price differentials between academic institutions. ii. Unwillingness to grant reprint licences to local publishers. As explained, foreign publishers are reluctant to grant licences to reprint to Malaysian publishers because of factors such as weak purchasing power, low returns, and small markets. Though the price of imported books is regulated, academic books would be available at a much cheaper price if local reprint is allowed. This could help eliminate the practice of photocopying in Malaysia. iii. Lack of clear guidelines and effective copyright clearance policy for multiple classroom reproduction has perpetuated the practice of photocopying in Malaysia. The high prices of imported academic books aggravate the situation further.
97 iv. Lack of clarity on copying for educational use hampers effective use of digital technology for education. To avoid copyright complexities, educational materials for distance education are internally developed at the universities’ own cost instead of providing digital excerpts of useful reading materials. Libraries are also hampered from providing digital copies of articles as interlibrary loans, for this could tantamount to copyright infringement. The current law is also not clear on unpublished copyright materials. Most of the dissertations written by university students and staff are unpublished and the library cannot not do more than just provide access to these materials. If these unpublished works are allowed to be distributed for academic purposes under certain conditions, it would harness dissemination of knowledge further. Copyright is therefore not the only factor contributing to the lack of access to educational materials in Malaysia. Many other causes have contributed, including industry practices such as control over parallel imports and the supply of international editions. The government, industry and users need to work together to resolve these problems in order to provide everyone, rich or poor, access to knowledge. Some of the areas that local consumer organisations and civil society groups may focus on include: i. Urging the government to take action against possible abuse of contractual arrangements that could defeat copyright flexibilities through competition policies; ii. Calling for reform of the copyright law to ensure that all the flexibilities available to Malaysia under the treaties it has signed are availed of; iii. Assisting libraries to devise strategies to take advantage of flexibilities in copyright laws to increase access to library materials; iv. Assisting educational institutions to devise strategies to take advantage of flexibilities in copyright laws in the form of guidelines on classroom reproduction and the provision of basic educational materials for distance education; v. Censuring industry practices that hinder parallel imports from taking place;
98 vi. Pushing for local reprints for foreign academic books in order to provide cheaper books for university students and not leaving this to market forces; vii. Encouraging software owners to provide student versions of software for educational use in Malaysia; viii. Assisting the operation of an effective copyright clearance centre to create a healthy copyright culture and increase respect for copyright while enhancing education and learning; ix. Continuing to regulate the exchange rate for importation of books and not leaving this to market forces. However, the gap between the market rate and the fixed rate must not be too wide; and x. Encouraging the development of local academic books for tertiary education use as an effort to reduce the reliance on foreign books.
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