Mwanza and Gichure (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

Mwanza and Gichure (2018)
Title: The Influence of Copyright Laws on Digitization Projects in Public Libraries In Kenya, A Case Study of Kenya National Library Services
Author(s): Jean-Marcel Martin Mwanza, Joseph Mwangi Gichure
Year: 2018
Citation: Mwanza, J.M. and Gichure, J.M. (2018) The Influence of Copyright Laws on Digitization Projects in Public Libraries In Kenya, A Case Study of Kenya National Library Services. International Journal of Innovative Research and Advanced Studies, 5(9)
Link(s): Open Access
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About the Data
Data Description: The study consists of a survey of library staff at Kenyan public libraries (including Kenya National Library Services) representing six libraries in total, and having 86 respondents. A 5-point Likert Scale was used to determine how respondents perceived copyright law to influence digitization in libraries. Thereafter, structured interviews were conducted to compliment the survey.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
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Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

"Digitization in public libraries in Kenya has elicited a lot of interests in the recent past culminating to the creation of several initiatives with the objective of promoting it. Despite the zeal through which these initiatives are being crafted the progress made this far remains significantly slow and strained compared to similar developments in academic, corporate, special and other private libraries. Most public libraries in Kenya still rely heavily on the conventional paper based systems despite the fact that most users presently are more inclined to ICT based systems in their pursuit of knowledge. This study focused on copyright laws to establish how they affect the implementation of these projects in Kenyan public libraries. It also seeks to analyze the instances under which aspects of copyright law define digitization practices and looks to establish whether there are existing structures the libraries navigate through the existing copyright challenges. The objective of this study therefore was to investigate how copyright laws influence the successful implementation of digitization projects in Kenyan public libraries. A descriptive research design was used with a target population comprising employees from Kenyan public libraries and Kenya National Library Services (KNLS) which is the parent institution. The scope of the study was on Kenya National Library Services management and library staff from five public libraries. A descriptive survey method was used to conduct the study. Questionnaires were used as the principal instruments of data collection while structured interviews were also conducted to capture additional primary data. A total of eighty six (86) questionnaires were administered to the respondents from which a total of 78 were sufficiently completed and returned giving a response rate of 90.7%. The study used Statistical Package for Social Sciences (SPSS) software version 23 to analyze the data and generate results for interpretations. It was indicated from the study that copyright laws present serious challenges to digitization projects in the libraries in a variety of ways described in the findings. For one it was explicitly indicated from the findings that certain issues on copyright law significantly determine what resources are digitized, not only that, they also influence how they are made accessible. It was recommended that systems of copyright exceptions and limitations need to be reviewed and made more flexible for libraries. The current copyright legislations need to be revised in line with the technological advancements through amendments to encourage adoption of ICT in information dissemination."

Main Results of the Study

The study finds that copyright laws present significant barriers and drawbacks to library digitisation projects. 64.1% of respondents agreed that copyright laws are a “hindrance” to such projects, and 79.5% agreed that they at least presented a “challenge”. Furthermore, the study finds a positive relationship between copyright laws which promote digitisation (e.g. content access policies) and the uptake of digitisation projects.

Tendencies towards a central management structure were also exhibited, with many copyright issues being addressed to the Kenya National Library Services due to a lack of resources in individual libraries. In particular, individual libraries may: lack staff with copyright expertise; lack administration support to obtain relevant digitisation licences and permissions, and; lack support to ensure future fair usage by library users. In combination, this results in a lack of digitisation practices, or a tendency to favour low-risk works.

Policy Implications as Stated By Author

The study makes four key policy recommendations: first, review current copyright laws and exceptions with the aim of promoting and facilitating digitisation; secondly, continually evaluate the impact of copyright law in libraries through e.g. surveys; thirdly, encourage interlibrary cooperation and communal, virtual access for users, and; fourthly, recruit copyright specialists within individual libraries.



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)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
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