"Copyright laws and policies cover many controversial issues that are linked to different disciplines, in science, culture, technology, economics, law and other fields. The concepts and issues in the field are also approached from different perspectives and with different political and economic agen
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das, sometimes in a misleading context, and often in an imprecise manner. For this reason, policymaking in the area of copyright, particularly in developing countries, has at best been guesswork and at worst uninformed. At the international level, debates and rule-making on copyright, as with other IP, are punctuated with propaganda, anecdotes and dogma. This is what Nobel Laureate Joseph Stiglitz and others have called ‘faith-based’ policymaking. Evidence to justify particular policies or laws is rare. Evidence of the real world impact of specific copyright or, for that matter, other IP laws or policies, is almost unheard of. The ACA2K project is unique because the work summarised in this book provides evidence both for policymaking and of the impacts of copyright in the real world. But this book, and the work of the ACA2K project, is not pioneering only because of the illuminating findings in all the eight study countries. It is pioneering also because of the replicable research methodology developed, and the interdisciplinary collaboration in an area that is usually seen as a preserve of lawyers. The project is also of immense importance because of its focus on education and learning materials in Africa, where copyright is always associated with the positive aspects of promoting African music and culture. This research tells us that while copyright laws and policies might have positive effects in one sector, the same is not necessarily universally true. Other project outcomes, such as building networked research capacity on the areas of IP, knowledge governance and development, and the exploratory work on examining the gender aspects of copyright and access, are also ground-breaking." (Foreword)
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"The first section in this paper examines the barriers to access to learning materials faced in the Southern African Customs Union (SACU), analyzing the responsibility of intellectual property legislation within the complex structure of systems that are consequential to consumers and learners. In th
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e second section the authors remind us that the informal economy in knowledge goods is an access mechanism, prompting a conceptual consideration of the phenomenon of piracy, and then, through a case study in Uganda, they suggest possible policy lessons. The third section frames the environment described in the first two sections in a survey of intellectual property law in SACU member countries, and audits the limitations or exceptions available within the law, in the light of those that may be made use of, as a consequence of access to learning materials. The authors conclude that currently “neither does copyright legislation in SACU countries make significantly positive provisions for access to learning materials, nor does it take full advantage of the flexibilities provided by TRIPs. Ironically, it is precisely in this disabling legal environment that the SACU countries are being asked – by domestic and international publishing industry lobbies – to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a context that offers few alternatives." (Hans M. Zell, Publishing, Books & Reading in Sub-Saharan Africa, 3d ed. 2008, nr. 1802)
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