Model language for exceptions and limitations to copyright concerning access to learning materials in South Africa

Date

2006

Journal Title

Journal ISSN

Volume Title

Publisher

Southern African Journal of Information and Communication (SAJIC), The Edge Institute / Research ICT Africa, Braamfontein, ZA

Abstract

South Africa’s current copyright law, the apartheid-era Copyright Act of 1978, remains largely indifferent to development objectives such as increasing public access to educational materials. While it must comply with international copyright law, the Act fails to fully exploit the flexibilities available in the World Trade Organisation’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this article, we present proposed model language which could be used to incorporate exceptions and limitations to copyright into South African copyright law. We give provisions for fair use/fair dealing in education, adaptation of material for the disabled, and translations of material. Our proposed exceptions would greatly increase public access to learning materials while remaining within the boundaries of the “three-step test” of article 13 of TRIPS governing exceptions to copyright. A comparative analysis of other national copyright solutions is offered for each provision.

Description

Keywords

COPYRIGHT, SOUTH AFRICA, ACCESS TO KNOWLEDGE, INTERNATIONAL COPYRIGHT, LAW REFORM, FAIR USE, TEACHING MATERIALS, ACCESSIBILITY OF INFORMATION

Citation

DOI