Armstrong, De Beer, Kawooya, Prabhala, Schonwetter (2010)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing Specialised design Television programmes Translation and interpretation

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

Armstrong, De Beer, Kawooya, Prabhala and Schonwetter (2010)
Title: Access to knowledge in Africa. The role of Copyright.
Author(s): Armstrong, C., de Beer, J., Kawooya, D., Prabhalta, A., Schonwetter, T.
Year: 2010
Citation: Armstrong, C., de Beer, J., Kawooya, D., Prabhala, A. and Schonwetter, T. (2010) Access to knowledge in Africa. The role of copyright. UCT Press, South Africa
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Data gathered for this project includes data gathered from interviews from (an unspecified number of) stakeholders in the jurisdictions surveyed, including members of government, copyright owners, educators, students, and administrators.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2008 - 2009
Funder(s):
  • ICT4D
  • IDRC
  • Shuttleworth Foundation Cape Town
  • LINK Centre

Abstract

"The African Copyright and Access to Knowledge (ACA2K) project’s researchers are not the first to recognise the problem of the lack of evidence for copyright policymaking, or the urgent need for a better understanding of the impacts of copyright and other intellectual property (IP) laws, policies and regulations on everyday life issues, such as on access to educational and learning materials. However, it is no exaggeration to say that the ACA2K project is the first to deploy a sophisticated interdisciplinary collaborative research methodology and to generate on-the-ground empirical evidence on the impact of copyright on a particular sector across a group of countries."

Main Results of the Study

• Copyright scholarship and government-commissioned reports about copyright are limited in African countries, with most of that scholarship focussing on teaching as opposed to broader research. However, South Africa is more active in copyright scholarship, particularly in relation to access to knowledge, which the authors attribute to civil society interests. In general, whilst media coverage of copyright is active in Africa, it tends to focus on copyright protections rather than access concerns.
• Copyright is perceived as a barrier to access for learning materials, and infringement is commonplace within learning communities. The study finds that these communities are not ignorant of copyright law, but rather deliberately infringe these materials because the law lacks legitimacy. In other cases, there may be genuine vagueness about interpretation of e.g., ‘fair’ activities due to a lack of litigation or interpretative licensing agreements.
• Anecdotal evidence on gender differences suggests that men more frequently infringe copyright materials than women. However, the study suggests that copyright restrictions on e.g., photocopying have disproportionate effects on women who are not able to access learning materials where they are limited to a particular space – e.g., a library, due to safety concerns in the time and place they are situated.

Policy Implications as Stated By Author

The study concludes that policy makers should attempt to ‘bridge the gulf’ between national copyright policies and commonplace infringing behaviours by adopting less restrictive copyright laws which take into account the realities of local copyright users.

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)
Green-tick.png
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)
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)
Green-tick.png

Datasets

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