Mathangani and Otike (2018)

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1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Mathangani and Otike (2018)
Title: Copyright and information service provision in public university libraries in Kenya
Author(s): Salome W. Mathangani, Japheth Otike
Year: 2018
Citation: Mathangani, S.W. and Otike, J. (2018) Copyright and information service provision in public university libraries in Kenya. Library Management, Vol 39, Issue 6-7, pp 375-388
Link(s): Definitive
Key Related Studies:
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About the Data
Data Description: The research involved an examination of seven public university libraries in Kenya, from which 77 respondents were selected, being librarians of varying degrees of seniority. Through semi-structured interviews, the researchers sought to understand the influence of copyright law, as well as the librarian’s awareness and training in this area.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

“Purpose – Copyright law supposedly brings a balance between copyright owners and information users as a way of creating a harmonious relationship. The purpose of this paper is to examine the relationship between Kenya’s Copyright Act and the provision of information services in public university libraries in Kenya.

Design/methodology/approach – The study was informed by both the organization theory and the social systems theory which, respectively, provided a base for discussion on the library and its basic functions, and an interdisciplinary approach that accommodate library services and law. Data were collected from a sample of 77 librarians from public universities libraries, and analyzed using the qualitative method.

Findings – The study established that librarians were reasonably aware of the copyright Act. However, they were apprehensive and uncertain about copyright effect on the library. Evidence from the study showed that librarians needed to extend their knowledge and understanding of the copyright law for the effective provision of information services. The paper concludes that there is scope for librarians, using their wealth of knowledge and expertise, to make relevant and useful suggestions on copyright. Such contribution would assist in bringing harmony in the use of copyrighted materials.

Originality/value – These findings are original and will be useful in giving general direction on copyright. The study highlights the important issue of universities as parent institutions providing needed leadership in the copyright area.”

Main Results of the Study

Whilst most respondents were aware of Copyright legislation (51%), librarians in Kenya generally work in an environment of uncertainty in regards to copyright law. This is exacerbated by lack of formal training (only applicable to 47% of respondents), as well as the lack of guidelines or policies. With the introduction of new electronic resources, this creates a climate of confusion. For example, the study finds that most librarians did not appreciate the need to create new policies in response to the rise of eBooks and eJournals.

Most librarians have a Master’s Degree (78%), though still feel the need for additional specialised expertise in relation to e.g. legal contracts, and technical knowledge. Copyright is generally taught as “background” information as part of broader licensing practices.

Furthermore, as University terms of service may not indemnify librarians for any infringement which occurs during the course of their employment, this leads to fear and apprehension. This may unduly constrain the provision of information services.

Policy Implications as Stated By Author

The research calls for a better dialogue between policy-makers and librarians, noting that they will likely call for clearer definitions, and information regarding electronic resources. Librarians should also be represented in the Copyright Board. At University-level, specialised offices for copyright concerns should be introduced, which may produce guidelines or policies for the use of librarians.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets