Electronic Information for Libraries (eIFL) has launched its digital version of its Model Copyright Law.  This Model law was based on the  Model Copyright Law of the World Intellectual Property Organization (WIPO) and has been expanded to accommodate appropriate limitations and exceptions for libraries and education. eIFL sought legal advice from intellectual property experts around the world.  This Model Law provides a framework for Governments, especially in developing countries, to review their copyright laws and to adopt more balanced national copyright laws.

As Kevin Smith states in his blog article on this model law, "Its clear set of definitions and the explanatory notes that accompany each exception and limitation make it ideal for gaining a synoptic view of the state of international copyright law.  Most important is the consistent focus on the public interest and the socially beneficial purpose that copyright law is intended to serve". Also, see his later blog article promoting the model law.

Copyright limitations and exceptions are now a key item on the WIPO Development Agenda and WIPO has commissioned a number of studies in recent years on copyright limitations and exceptions. In 2008, a study on copyright limitations and exceptions for libraries and archives was done by Dr. Kenneth Crews.  During 2009, five researchers in different regions of the world were commissioned by WIPO to do a study on limitations and exceptions for education.

In the African Copyright and Access to Knowledge (ACA2K) Project's preliminary findings, (Briefing Paper 1 and Briefing Paper 2) it was found that all eight study countries in Africa, (i.e. South Africa, Kenya, Mozambique, Ghana, Morocco, Uganda, Egypt and Senegal) were compliant with, or had stricter copyright laws than were required by international copyright agreements.  A study by Consumers International in 2006 showed that the copyright laws in all eleven study countries in Asia far exceeded the requirements of international copyright agreements. Limitations and exceptions, particularly for development purposes, had not been promoted by WIPO in its assistance to these countries.

eIFL's Model Copyright Law is therefore very timely. It offers model limitations and exceptions that are designed to facilitate access to knowledge and the public interest.  It also provides a model for developing countries which have few, if any, limitations and exceptions to facilitate access to knowledge.  The ACA2K preliminary findings also showed that infringing activities, rather than copyright law, were facilitating access to knowledge, particularly learning materials, in the eight study countries. 
(Blog item first appeared on http://kim.wits.ac.za on 1 September 2009 - this is a slightly updated version)

Denise Nicholson

9 September 2009

This article is the personal view of the author, Denise Rosemary Nicholson ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) and does not purport to be the view/opinion of her institution or any other organisation or individual.

model copyright law; eifl;