Caroline B. Ncube

New hope for Africa? Copyright and access to knowledge in the digital age

Purpose – This papers main purpose is to deepen the general understanding regarding copyright exceptions and limitations as an important balancing tool of copyright law, particularly for developing countries in Africa. It seeks to address the problematic interplay between copyright exceptions and limitations on the one hand and technological protection measures (TPMs) on the other. It then aims to offer a solution for mitigating the potentially detrimental impact of TPMs on otherwise‐permitted uses of copyright‐protected knowledge materials.Design/methodology/approach – The papers approach is legal doctrinal research that relies exclusively on written texts.Findings – The paper finds that copyright exceptions and limitations are currently in tension with the legal regulation of TPMs and their circumvention. The two do not seem to be optimally balanced, with some African countries having adopted an unduly restrictive legal approach. The paper therefore suggests a more balanced model that is in keeping wi...

Key copyright issues in African distance education: a South African case study

This report draws primarily on the results of the recently concluded African Copyright and Access to Knowledge (ACA2K) Project (see http://www.aca2k.org/), which investigated copyright and access to learning materials in face-to-face, distance education (DE), and dual-mode tertiary educational institutions in Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa, and Uganda (Armstrong, de Beer, Kawooya, Prabhala, & Schonwetter, 2010). The project’s main research question was whether copyright laws, policies, and practices in the eight countries maximized access to learning materials. Its research methodology included legal doctrinal review, interviews, document analysis, and comparative analysis of the country findings.The project found that the copyright laws of these eight countries fail to facilitate meaningful access to learning materials generally and particularly in the DE context (Armstrong et al., 2010, p. 310). The project also found that there is inadequate provision for exceptions in relation to DE. As a result of these inadequacies in the law, and the prevailing socio-economic conditions, copyright law is ignored and access to learning materials is obtained largely through legal infringements (p. 341). Accordingly, the findings suggest that copyright laws be reformed to make them more flexible and appropriate for each African state (p. 342). Although this report focuses on South Africa, it is worth noting that other developing countries, both within and beyond Africa, appear to face similar issues. For example, similar findings have emerged from research conducted in the Asia Pacific region (Consumers International, 2006)

The Development of Intellectual Property Policies in Africa - Some Key Considerations and a Research Agenda

This paper considers factors that are relevant to recent efforts to formulate Intellectual Property Policies in Africa following the adoption of the Development Agenda by the World Intellectual Property Organisation (WIPO). It highlights the need to develop policies tailored for each country’s socio-economic status and the need to use evidence to ensure a rigorous policy approach. It also considers WIPO’s technical assistance may be more effectively used by African states in their policy processes and concludes with a research agenda intended to stimulate critical engagement with these key issues.

Protecting Business Methods in South Africa and Zimbabwe

This paper outlines the trade secret and patent protection of business methods in South Africa and Zimbabwe. It begins with an introduction to business methods and proceeds to outline various possible methods of legal protection. It notes that the law in this respect is not yet well developed but there have been indications in case law that the courts are receptive to comprehensive protection of business methods.

Data Protection in Zimbabwe

This chapter discusses Zimbabwe’s data protection regime within the context of historical and current socio-economic and political conditions. It also considers societal expectations which place a premium on the protection of personal information as a core human right. This context explains societal concerns about the vulnerability of personal information due to surveillance and monitoring by law enforcement and national security organs. In addition, criminal activity, largely for commercial gain, also compromises personal information. Therefore, the societal context is one of mistrust of data processing, compounded by actual experiences of the compromise of data. This perceived and experienced vulnerability is exacerbated by the fact that there is a general lack of knowledge about existing legal protection of privacy. The legislative framework does little to assuage this vulnerability because it is currently inadequate.

Fair Is as Fair Does: Contractual Normative Regulation of Copyright User Contracts in South Africa

This chapter considers how contract and consumer protection law could be used to regulate or enhance the fairness of copyright licenses. It specifically considers reprographic reproduction licenses granted to universities and other higher education institutions in South Africa.

Intellectual Property Protection of Traditional Knowledge and Access to Knowledge in South Africa

South Africas intellectual property protection of traditional knowledge is encapsulated in the Policy Framework for the Protection of Indigenous Traditional Knowledge through the Intellectual Property System and the Intellectual Property Laws Amendment Act 28 of 3013, which has not yet come into force. This Act does not provide for amendments to the patent legislation as this was done in 2005. It concerns itself only with amendments to the Performers Protection Act 1967, the Copyright Act, 1978, the Trademarks Act 1993 and the Designs Act 1993 all of South Africa. Of these, this chapter discusses only the proposed copyright amendments from an access to knowledge (A2K) perspective.