Skip to main content
Top

2018 | Book

Conceptualizing Copyright Exceptions in China and South Africa

A Developing View from the Developing Countries

insite
SEARCH

About this book

This book critically evaluates the current copyright law system in a digital environment from a comparative perspective. Since many developing countries modelled their copyright laws on more advanced jurisdictions, they have not benefitted from such a law as much as intended due to their inherently embedded social economic conditions. Moreover, the copyright law system has been under constant challenges from rapidly developing digital technology and the Internet. All in all, there is a pressing need for developing countries to reevaluate their copyright law in light of their national needs, the developmental stage of their economy, their culture and tradition, and their legal system.

The book poses the question of whether copyright law should be reformed to fulfill its fundamental purpose of serving education and research that are in the public interest in the digital era? It examines whether the legal frameworks adequately address developing countries’ educational and research requirements in view of the opportunities and restrictions posed by electronic communication media. Further, it provides a comprehensive study that addresses the various critical issues relevant to the reform of the copyright law system and offers recommendations for developing countries to revamp their copyright law system to better serve their education and research sector.

Table of Contents

Frontmatter
Chapter 1. Challenges from Globalisation
Abstract
The global shift towards knowledge-based economies and the expansion of international trade poses significant legal and political challenges in regulating access to information and knowledge. Societal well-being is particularly impacted if quality education and research are curtailed when information and knowledge networks have restrictive access. Copyright, one of the intellectual property rights, plays an important part in regulating educational and research materials subject to its protection.
Jia Wang
Chapter 2. An Overview of Copyright: A Balance of Interests
Abstract
This chapter provides a theoretical and historical background about copyright and examines relevant key concepts such as information and knowledge, as well as the public interest. It first examines major theories regarding copyright and then reviews the historic developments at the national, regional and international levels. This is followed by an analysis of the relation between copyright protection and the circulation of information. Finally, the public interest concept is examined for it is the framework employed to determine the basis on which copyright limitations and exceptions have been granted.
Jia Wang
Chapter 3. Copyright Limitations and Exceptions for Education and Research: Unity in Diversity
Abstract
The internationalised copyright norms established by treaties represent the compromises of competing political and economic interests. With harmonisation, copyright limitations and exceptions led to unprecedented debates. This is because common law and civil law countries have very different legal traditions in dealing with copyright limitations and exceptions. Developed and developing countries with diverse economies also need differing limits on copyrights in order to promote their particular educational institutions and academic research.
Jia Wang
Chapter 4. The Technological Revolution and Its Impact on Copyright Law
Abstract
The information network, particularly the Internet, makes it much easier to disseminate information. With the rapid development of ICT and information networks, new forms of copyright products are becoming a part of daily life. For instance, software has been greatly improved so MP3s and DVDs can be played on a variety of multimedia platforms. At the same time, conventionally printed copyrighted material such as books and periodicals remains an important source of reliable information for education and research.
Jia Wang
Chapter 5. China: Copyright Limitations and Exceptions for Education and Research
Abstract
Chapters 5 and 6 deal with Chinese copyright law. This chapter primarily focuses on copyright limitations and exceptions with particular reference to education and research. First, there is a review of Chinese legal tradition and culture, followed by some observations on the current situation of the nation’s education and research fields. Second, this chapter examines statutory copyright limitations and exceptions in a variety of legal instruments pertaining to private learners, educational institutions and libraries. Last, this chapter scrutinises the underdeveloped collective copyright management system that is barely capable of dealing with China’s voluminous copyright trade at home and abroad.
Jia Wang
Chapter 6. China: Copyright Issues in a Digital Environment
Abstract
The Copyright Law of 1990 mainly deals with paper-based copyrights. This 1990 law was amended in 2001 in order to address issues arising in an information network environment. Nevertheless, the piecemeal approach adopted by the Copyright Law Amendments of 2001 no longer meets the needs of rapidly developing digital technology and the expanding market of copyrighted products, which requires a more comprehensive revision of copyright laws in China. The Copyright Law of 1990, along with the Copyright Law Amendments enacted in 2001, has been undergoing a significant reform since 2012.
Jia Wang
Chapter 7. South Africa: Digital Age Copyright Limitations and Exceptions for Education and Research
Abstract
South Africa needs to review its copyright law in an era when traditional and digital media converge. A rebalancing of interests between stakeholders is crucial for successful copyright law reform. The copyright law should, on the one hand, give a shot in the arm to the country’s culture and economy, and on the other hand, it carries out its international obligations. Lawmakers must pay close attention to ensure that the law benefits educators and students by granting wide entry to copyrighted materials at an affordable price.
Jia Wang
Chapter 8. Conclusion
Abstract
The rapid development of ICT and global information networks gives developing countries, such as South Africa and China, unprecedented opportunities to provide quality education and research to their people. Copyright law plays an important role in regulating materials, used for education and research, which are subject to copyright protection. In order to avoid an overprotective copyright regime curtailing research and development, copyright law needs to maintain a dynamic balance among authors, derivative copyright proprietors and users to ensure that it nevertheless promotes societal access to knowledge.
Jia Wang
Metadata
Title
Conceptualizing Copyright Exceptions in China and South Africa
Author
Jia Wang
Copyright Year
2018
Electronic ISBN
978-3-319-71831-6
Print ISBN
978-3-319-71830-9
DOI
https://doi.org/10.1007/978-3-319-71831-6