Dissemination and Use of Dissemination and Use of Copyrighted Works for Education Copyrighted Works for Education

and Research and Research Mohammed El Said (UCLAN) Mohammed El Said (UCLAN)

Arab-African Seminar on Exceptions Arab-African Seminar on Exceptions and Limitations and Limitations

Cairo 2 November 2009Cairo 2 November 2009

Issues of discussionIssues of discussion

Copyright protection and education Copyright protection and education Education in the Arab WorldEducation in the Arab World The impact of strengthened copyright The impact of strengthened copyright

protection on research and educationprotection on research and education Facing up to the challenges…the need for Facing up to the challenges…the need for

reform reform

The Relationship between Copyright The Relationship between Copyright and Research/Educationand Research/Education

Relationship Long acknowledged Relationship Long acknowledged Statute of Anne (1709) Statute of Anne (1709)

French Decree on Copyright of 1793 was drafted as part of French Decree on Copyright of 1793 was drafted as part of a wider project on public education a wider project on public education

The Berne Convention The Berne Convention

The Role of Education and Research The Role of Education and Research in Societyin Society

Knowledge creation and disseminationKnowledge creation and dissemination Education and developmentEducation and development Education and economic growth Education and economic growth Education and innovation/creativity Education and innovation/creativity

Education, Research and Copyright Education, Research and Copyright Protection in the Arab WorldProtection in the Arab World

Rich history……Rich history…… Forms Copyright protection in the region…Forms Copyright protection in the region… Copyright protection regimes in the region, Copyright protection regimes in the region,

divided into three groups: divided into three groups: – TRIPS-Minus Regimes TRIPS-Minus Regimes – TRIPS-Compatible RegimesTRIPS-Compatible Regimes– TRIPS-Plus Regimes TRIPS-Plus Regimes

Status of Education and Research in Status of Education and Research in the Arab World the Arab World

- Youthful population, estimates unemployment at 14%Youthful population, estimates unemployment at 14%- High illiteracy rates, High illiteracy rates, 2008 estimates 30% 2008 estimates 30% ((Arab League Arab League

Educational Cultural and Scientific OrganisationEducational Cultural and Scientific Organisation))- Quality: According to WB, Quality: According to WB, thethe quality of education in the quality of education in the

Arab World is falling far behind many other regionsArab World is falling far behind many other regions ( (WB, WB, 20082008))

- 2009, only one 2009, only one Arab university featured in the top 500 Arab university featured in the top 500 universities in the world. (universities in the world. (Institute of Higher Education)Institute of Higher Education)

- R&D expenditure is rising….according to the R&D expenditure is rising….according to the EconomistEconomist 2009, 2009, Arab countries now spend as much or more on Arab countries now spend as much or more on education, as a share of GDP, than the world average. education, as a share of GDP, than the world average. BUT???BUT???

Status of Education and Research in Status of Education and Research in the Arab Worldthe Arab World

- Trends in International Mathematics and Science Study latest Trends in International Mathematics and Science Study latest report (2007) found, report (2007) found, that out of 48 countries tested, all 12 that out of 48 countries tested, all 12 participating Arab countries fell below the average.participating Arab countries fell below the average.

- Arab region share of world scientific publications are less of 1 Arab region share of world scientific publications are less of 1 % of world output. % of world output.

Translation: 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 : Internet Connectivity = rising but still low on average : according to the 2009 AHDR, UAE was highest in region according to the 2009 AHDR, UAE was highest in region reaching to 308 per 1000. People with access to internet in reaching to 308 per 1000. People with access to internet in Egypt below 20%Egypt below 20%

Brain drain, 18.2% of Doctors in OECD countries are of Arab Brain drain, 18.2% of Doctors in OECD countries are of Arab origin (LAS, 2008). origin (LAS, 2008).

Status of Research and Education in Status of Research and Education in the Arab Worldthe Arab World

The Economist…Oct 2009The Economist…Oct 2009

One reason that too many Arabs are poor is One reason that too many Arabs are poor is …education …education

special space special space

Dealing with the challengesDealing with the challenges

The need to extensively include/define the flexibilities/exceptions related to Education/Research under national law

Include flexibilities allowing/encouraging: Include flexibilities allowing/encouraging: – Scientific use Scientific use – Library/museums/higher education, and archive useLibrary/museums/higher education, and archive use – Educational use / teaching Educational use / teaching – Private use and quotation/review/comments rightsPrivate use and quotation/review/comments rights– Translation Translation

Dealing with the challengesDealing with the challenges

Define criteria related to copyrighted Define criteria related to copyrighted worksworks – The concept of `authorship` The concept of `authorship` – The concept of `originality` The concept of `originality` – The concept of `idea and expression` of the The concept of `idea and expression` of the

workwork– Reproduction rightsReproduction rights– Exhaustion of rightsExhaustion of rights– Fair use/fair dealing Fair use/fair dealing

Dealing with the challengesDealing with the challenges

Building/strengthening the surrounding Building/strengthening the surrounding legal infrastructurelegal infrastructure- Competition law Competition law - Consumer LawConsumer Law- Freedom of expression laws Freedom of expression laws

Dealing with the challengesDealing with the challenges……

The need for raising The need for raising awarenessawareness between between stakeholders at all levels stakeholders at all levels

Achieving the goals of the TRIPS AgreementAchieving the goals of the TRIPS Agreement– Focus on public interest and policy (TRIPS Preamble Focus on public interest and policy (TRIPS Preamble

and Art. 8)and Art. 8)– Achieving development (Art.7) Achieving development (Art.7) – Transfer of technology (Art. 7)Transfer of technology (Art. 7)

Collaborative regional and international effort Collaborative regional and international effort

The Challenge of Bilateral Trade The Challenge of Bilateral Trade Agreements and FTAsAgreements and FTAs

How Copyright treatment under bilateral How Copyright treatment under bilateral agreements impact Education? agreements impact Education?

- Extending the term of protection to 70 years Extending the term of protection to 70 years plus the life of the author plus the life of the author

- Exhaustion of rights Exhaustion of rights

- Enforcement Enforcement

Further RecommendationsFurther Recommendations

Digitalization of copyrighted materials, in Digitalization of copyrighted materials, in ArabicArabic

Enable distance learning Enable distance learning Access initiatives, e.g The Access to Access initiatives, e.g The Access to

Research for Development and Innovation Research for Development and Innovation ((aRDiaRDi) ) program. program.

StatementsStatements 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 youThank you