SAJIC Issue 7, 2006

Permanent URI for this collectionhttps://wiredspace.wits.ac.za/handle/10539/28142

Digital technologies and global electronic networks present unparalleled opportunities for international knowledge sharing and collaboration. But these same technologies and networks can also be used by authors in ways that significantly limit access and sharing for the purposes of education, innovation and development. The debates around the information commons and the restrictive provisions of copyright rights-holders in the online environment are of particular relevance to the developing world and the African continent.

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    Model Language for Exceptions and Limitations to Copyright Concerning Access to Learning Materials in South Africa
    (LINK Centre, University of the Witwatersrand (Wits), Johannesburg, 2006-12-15) Baude, William; Hofman, Julien; Katz, Eddan; McDaniel, Katherine; Rens, Andrew; Riley, Chris
    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.