Model language for exceptions and limitations to copyright concerning access to learning materials in South Africa
Date
2006
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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
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Journal Article (peer-reviewed)
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Keywords
COPYRIGHT, SOUTH AFRICA, ACCESS TO KNOWLEDGE, INTERNATIONAL COPYRIGHT, LAW REFORM, FAIR USE, TEACHING MATERIALS, ACCESSIBILITY OF INFORMATION