"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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"A comprehensive review of the new Kenya 2001 Copyright Act, which was passed by the Kenyan Parliament, after several rounds of consultations between the government and the different stakeholders and industry players. It came into force in February 2003 and repealed the 1966 Copyright Act. The most
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distinctive new features of the new Copyright Act include the introduction of an anti-piracy security device; the registration and supervision of collective management societies in Kenya; the appointment of public prosecutors and inspectors who deal with copyright cases and help the enforcement of the rights protected under the Act; the provision of enhanced criminal sanctions; and the protection of rights management systems and technological protection measures. The author welcomes the 2001 Copyright Act as a step in the right direction, yet “the success of the new law can only be seen if it is effectively enforced; a good law without the proper enforcement is of no use to those it seeks to protect. Along with the new law, Kenya needs to have strong mechanisms to fight piracy, a well educated population on matters of copyright and related rights, strong and efficient collective management societies, and a functional administrative infrastructure." (Hans M. Zell, Publishing, Books & Reading in Sub-Saharan Africa, 3d ed. 2008, nr. 1797)
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