Influence of copyright exceptions and limitations on access to information in Kenya, Ghana and Uganda libraries

Abstract

PurposeCopyright exceptions promote access to information by users without breaching copyright. This research paper reviews copyright exceptions in Kenya, Ghana and Uganda and how they influence access to information in libraries. Objectives were to find out the implications of copyright exceptions in Kenya, Ghana and Uganda; advantages and disadvantages of copyright exceptions for libraries; and recommend best practices of copyright exceptions.Design/methodology/approachThis is a desktop research reviewing empirical literature and incorporating authors' experiential knowledge in their information profession. Authors have interrogated copyright exceptions in their home countries' copyright acts, policy documents and peer-reviewed articles on copyright and information access. They analysed the documents as stated to deduce key recommendations regarding ideal copyright exceptions.FindingsThe study established that copyright exceptions do not always improve access as intended because they are inadequate, ignoring key library functions. Major inconsistencies exist in the exceptions in these countries; key terminologies have not been defined; and the concept is not well understood. Librarians lack sufficient knowledge on exceptions, hence lack self-efficacy in educating users. Kenya, Ghana and Uganda should improve and harmonize their copyright acts to cover key library functions.Originality/valueThis study provides in-depth analysis of historical and modern practices of copyright exceptions in the three countries revealing useful comparative insights. Previous studies looked at the issues from individual countries perspective.

Knowledge of students of the exceptions and limitations clause in copyright administration in academic libraries in Ghana

“…‘neutral’), ‘agree’ or ‘strongly agree’ that there were exceptions and limitations in the copyright laws of Ghana. Though a number of the respondents ‘agree’ that the copyright laws of Ghana has exceptions and limitations ‘For the benefit of persons with disability’, Mungai et al (2020) have reported that the Copyright Act 690, 2005 of Ghana has no specific mention regarding copyright exceptions for people with disabilities. This clearly shows the ignorance of the respondents in this study of the law.…”

“…Though these exceptions vary from country to country, some common examples include reasonable copying for personal use, photocopying for archival purposes by libraries, quoting short passages of literary works for the purposes of criticism, and converting works into formats accessible by handicapped persons (Berkman Center for Internet and Society and EIFL, 2013; Mungai et al, 2020; Stokkmo, 2019). Other exceptions are broader, complex and ambiguous in their applications, such as the fair use doctrine of the United States and the fair dealing or fair practice doctrine employed in common law countries in some African countries such as Ghana (Adu and van der Walt, 2021a; Mungai et al, 2020; Samuelson, 2017; Stokkmo, 2019).…”