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Tips for Developing Countries when reviewing Copyright Laws PDF Print E-mail



International intellectual property agreements allow limitations and exceptions to be adopted in national copyright laws.  Here are some tips for developing countries when reviewing their copyright laws:

  • Adopt a maximalist approach – include as many limitations and exceptions as already in copyright regimes around the world – keep door open for new exceptions as technology changes.
  • Try to separate exceptions for entertainment from exceptions for education and libraries in your copyright law.
  • Ensure adequate exceptions for libraries, archives and museums (including provisions for accessing and providing information; digitization; preservation, digital curation (including migration to new technologies as they change)).
  • Ensure adequate exceptions for people with sensory-disabilities (e.g. blind, visually-impaired, print- handicapped, blind/deaf, deaf, dyslexic, reading & learning disabilities, etc.)
  • Ensure adequate exceptions for classroom teaching, as well as distance and open learning, literacy training, adult basic education, non-commercial staff training and sharing of information amongst colleagues for research, discussion and information purposes.
  • Do not include protection for non-original databases. (It had little or no positive impact for rightsholders in the EU and created problems for users). Original databases are protected by copyright like any original work.
  • Keep or reduce the copyright term to the lifetime of the author plus 50 years in terms of the minimum requirements of international IP agreements – Longer terms do not benefit net importers of intellectual property.
  • Do not include anti-circumvention clauses, unless there are clear, balanced exceptions to enable access to information.
  • Do not include public lending/educational lending rights (countries are not obliged to in terms of any international agreements). To date, no developing country has adopted a lending right. IFLA and eIFL do not promote public lending rights for developing countries. See IFLA Position Paper on the Public Lending Right and its Background Paper on the Public Lending Right.
  • Consult the eIFL-IP Draft Law on Copyright Including Model Exceptions and Limitations for Libraries and Consumers . Also see commentary on this draft law.
  • Adopt the best provisions from WIPO Studies on -

Limitations & Exceptions for the Visually-Impaired;

Limitations & Exceptions of Copyright & Related Rights in the Digital Environment

Copyright Limitations & Exceptions for Education – final report due at end of 2009