Transcript Dissemination and Use of Copyrighted Works for Education and Research Mohammed El Said (UCLAN) Arab-African Seminar on Exceptions and Limitations Cairo 2 November 2009

Dissemination and Use of
Copyrighted Works for Education
and Research
Mohammed El Said (UCLAN)
Arab-African Seminar on Exceptions
and Limitations
Cairo 2 November 2009
Issues of discussion
 Copyright protection and education
 Education in the Arab World
 The impact of strengthened copyright
protection on research and education
 Facing up to the challenges…the need for
reform
The Relationship between Copyright
and Research/Education
 Relationship Long acknowledged
 Statute of Anne (1709)
 French Decree on Copyright of 1793 was drafted as part of
a wider project on public education
 The Berne Convention
The Role of Education and
Research in Society




Knowledge creation and dissemination
Education and development
Education and economic growth
Education and innovation/creativity
Education, Research and Copyright
Protection in the Arab World
 Rich history……
 Forms Copyright protection in the region…
 Copyright protection regimes in the region,
divided into three groups:
– TRIPS-Minus Regimes
– TRIPS-Compatible Regimes
– TRIPS-Plus Regimes
Status of Education and Research in
the Arab World
-
-
Youthful population, estimates unemployment at 14%
High illiteracy rates, 2008 estimates 30% (Arab League
Educational Cultural and Scientific Organisation)
Quality: According to WB, the quality of education in the
Arab World is falling far behind many other regions (WB,
2008)
2009, only one Arab university featured in the top 500
universities in the world. (Institute of Higher Education)
R&D expenditure is rising….according to the Economist
2009, Arab countries now spend as much or more on
education, as a share of GDP, than the world average.
BUT???
Status of Education and Research in
the Arab World
- Trends in International Mathematics and Science Study
latest report (2007) found, that out of 48 countries
tested, all 12 participating Arab countries fell below the
average.
- Arab region share of world scientific publications are less
of 1 % of world output.
 Translation: the cumulative total of translated books in the
Arab world since the 9th century is about 100 000 books –
equal to the volume Spain translates in one year
(UNESCO, 2005)
 Internet Connectivity = rising but still low on average :
according to the 2009 AHDR, UAE was highest in region
reaching to 308 per 1000. People with access to internet in
Egypt below 20%
 Brain drain, 18.2% of Doctors in OECD countries are of
Arab origin (LAS, 2008).
Status of Research and Education in
the Arab World
The Economist…Oct 2009
One reason that too many Arabs are poor is
…education
special space
Dealing with the challenges
 The need to extensively include/define the
flexibilities/exceptions related to
Education/Research under national law
 Include flexibilities allowing/encouraging:
–
–
–
–
–
Scientific use
Library/museums/higher education, and archive use
Educational use / teaching
Private use and quotation/review/comments rights
Translation
Dealing with the challenges
 Define criteria related to copyrighted
works
– The concept of `authorship`
– The concept of `originality`
– The concept of `idea and expression` of the
work
– Reproduction rights
– Exhaustion of rights
– Fair use/fair dealing
Dealing with the challenges
 Building/strengthening the surrounding
legal infrastructure
- Competition law
- Consumer Law
- Freedom of expression laws
Dealing with the challenges…
 The need for raising awareness between
stakeholders at all levels
 Achieving the goals of the TRIPS Agreement
– Focus on public interest and policy (TRIPS Preamble
and Art. 8)
– Achieving development (Art.7)
– Transfer of technology (Art. 7)
 Collaborative regional and international effort
The Challenge of Bilateral Trade
Agreements and FTAs
 How Copyright treatment under bilateral
agreements impact Education?
- Extending the term of protection to 70 years
plus the life of the author
- Exhaustion of rights
- Enforcement
Further Recommendations
 Digitalization of copyrighted materials, in
Arabic
 Enable distance learning
 Access initiatives, e.g The Access to
Research for Development and Innovation
(aRDi) program.
Statements
 In order to improve access to copyrighted works and achieve their
goals for education and knowledge transfer, developing countries
should adopt pro-competitive measures under copyright laws.
Developing countries should be allowed to maintain or adopt broad
exemptions for educational, research and library uses in their national
copyright laws.
(IPRs Commission, 2002)
 In order therefore to ensure that educational establishments are able
to take advantage of new technology to educate pupils regardless of
their location, it is necessary to expand the existing copyright
exceptions.
(Gowers Review, 2006)
 Academic work is being impeded because scholars are excluded from
using copyright material in cases where the balance is clearly in favour
of allowing them to do so and even where a court would probably find
they enjoyed the right to do so.
(British Academy, 2006)
Thank you