exceptions and limitations for educational purposes in the saudi copyright law: are we utilizing...
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Exceptions And Limitations For Educational Purposes In The Saudi Copyright Law: Are We Utilizing Them?
Dr Abdelrahim Mutwakel Gaffar, MBBS, DPH, FCMAssistant Professor, Family and Community Medicine Department, Faculty of Medicine, Jazan University, Saudi [email protected]
Unique learning for next generation The Second International Conference of E-learning and Distance Education (eLi 2011), Riyad 23 – 24 Feb. 2011
Objectives
The objectives of this paper are to; 1) Highlight the copyright laws development
and history,
2) Explore the exceptions and limitations in KSA copyright law for educational purposes, and
3) Raise the academic community awareness about the exceptions in copyright law and alternatives.
Outlines
Introduction International context of Intellectual
Property (IP) protection Copyright law in KSA The exceptions for education in KSA law New challenges Alternatives
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Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Other alternatives
Intellectual Property (IP) protection
Copyright: Authors' rights, Related rights, Moral rights.
Patent: Utility model
Trademark.
Trade secret.
Intellectual Property (IP) protection objectives
Intellectual Property international treaties main objectives are to: reward creativity; stimulate innovation; and contribute to economic development; While safeguarding the public interest. Many flexibilities and exceptions were
embedded as integral part of IP international treaties
Background
Intellectual property protection agreements and laws try to reach a balance between the rights of authors and their beneficiaries on one hand, and the public interest on the other hand.
(Nabhan, 2009)
Background (cont.)
IP protection laws are not a legal issue now.
It is a human right issue, as these laws have a profound impact on: Education (access to knowledge); Health (access to medicine); Research (access to technology); and development.
Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Other alternatives
First copyright law
The Statute of Anne in Britain (1710)
Guaranteed a limited term of copyright protection: 14 years renewable once if the author was alive.
After the protection term expires, the work falls into the public domain.
Book publishers feared the consequences of such event, which would undermine their monopolistic positions and weaken their profits.
They sought the extension of the protection period.
USA copyright law
1790: the first copyright law In the United States endorsed (14 years).
1831: the American copyright law was amended to increase the first protection term from 14 to 28 years.
1976: Copyright Law extended all existing Copyrights for an additional 19 years.
(Tawileh, 2009).
USA copyright law
Then the law granted a period of copyright protection that extends to the life of the author plus fifty years.
1998: The Sonny Bono Copyright Term Extension Act (also called the Mickey Mouse act, as Disney was the major player in lobbying for its passage) extended the term of copyright protection of all works for 20 years.
This means that the current effective copyright protection term is about 95 years.
(Tawileh, 2009).
1710 1831 1976 19980
10
20
30
40
50
60
70
80
90
100
1710; Copy-rights Protection period in years;
14
1831; Copy-rights Protection period in years;
28
1976; Copy-rights Protection period in years;
47
1998; Copy-rights Protection period in years;
95
Copyrights Protection period in years 1710 - 1998
International context
1883: Paris Convention for the Protection of Industrial Property.
Is the first major international treaty designed to help the people of one country obtain protection in other countries for their intellectual creations in the form of industrial property rights.
1886: The Berne convention which is the first international recognition of copyright, the convention updated and amended several times.
International context
1893: The United International Bureaux for the Protection of Intellectual Property,
which had been established to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property.
Which was the predecessor to WIPO.
World Intellectual Property Organization (WIPO)
WIPO was formally created by the Convention Establishing the World Intellectual Property Organization, which entered into force on April 26, 1970.
Under Article 3 of this Convention, WIPO seeks to "promote the protection of intellectual property throughout the world."
WIPO became a specialized agency of the UN in 1974.
International treaties related to IP
Under the leadership of WIPO many international treaties related to copyright developed:
1994: Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).
1996: WIPO Copyright Treaty (WCT).
1996: WIPO Performances and Phonograms Treaty.
Exceptions in International treaties
All these international treaties and agreement contains provisions of exceptions for education and research purposes.
Exceptions include fair dealing and fair use, and such use does not require the permission of the copyright owner.
Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Other alternatives
The WTO TRIPS Agreement
Trade-Related Aspects of Intellectual Property Rights
153 Members by membership to the WTO
Article 13: Limitations and Exceptions Members shall confine limitations or exceptions to
exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder. [Similar to the Berne three-step test]
Copyright Law in KSA
Kingdom of Saudi Arabia ratifies Berne convention in 2004 and WTO in 2005 including TRIPS.
The national Saudi Arabia Copyright Law endorsed
by the Royal Decree No. M/41 on 2 Rajab, 1424 (30/08/2003)
(Nabhan, 2009).
What copyright provides?
Several exclusive rights typically attach to the holder of a copyright:
to produce copies or reproductions of the work and to sell those copies
to import or export the work to create derivative works (works that adapt the
original work) to perform or display the work publicly (performance
rights) to sell or assign these rights to others to transmit or display by radio or video (broadcasting
rights)
Saudi copyrights law analysis
Exceptions to copyright concerning uses of works for teaching illustration purposes. These exceptions are based directly on Article 10 (2) of the Berne Convention.
Exceptions for purposes of quotations from works. They are also directly based on a provision of the Berne Convention, Article 10 (1).
Exceptions relating to reprographic reproductions of works for teaching, research and examination purposes.
Exceptions concerning the public performance of works as part of teaching activities.
Exceptions in the area of neighboring or related rights.
Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Other alternatives
The exceptions for education in KSA law
Article Meaning Exception area
Articles 15 (3) and 15 (9)
making possible the utilization of works as illustrations for teaching
Section i: Utilization of works as illustrations for teaching
Article 15(2) Provides exception for purposes of quotation
Section ii: Exceptions for quotations taken from works
NA Not mentioned Section iii: Reprographic reproductions of works for testing, teaching and research
Articles 15(8) allow the performance or communication of works in educational establishments
Section iv: Performance or communication of works in educational establishments
NA Not mentioned Section v: Exceptions applicable to neighbouring rights (or related rights)
Section i: Utilization of works as illustrations for teaching
Article 15: The following uses of the copyrighted work, in its original language or in translation, are lawful without obtaining the permission of the copyright owner. These forms of use are:
… (3) Using the work by way of clarification for educational purposes, within the
limits justified by the intended objective, or making a copy or two for public libraries or non-commercial documentation centers on the following conditions:
( ) Shall not be commercial or for profit. ( ) Copying shall be restricted to the requirements of activities. ( ) Shall not impair the material benefit of the work. ( ) The work is out of print or is lost or damaged.
(9) Copying short quotations from published works, drawings, pictures, designs or maps in school books prepared for educational curricula or in books of history, literature and art, provided that copying is within the limits of necessity and that the title of the work and the name of the author are mentioned (Saudi Arabia, 2003)
Section ii: Exceptions for quotations taken from works
Article 15: The following uses of the copyrighted work, in its original language or in translation, are lawful without obtaining the permission of the copyright owner. These forms of use are:
… 2) Quoting passages from the work in another
work, provided that such quotation is consistent with the conventional practice and within the limits justified by the intended objective, and provided that the source and name of author are mentioned in the work where the quotation is cited. This shall also apply to journalistic summaries abstracted from newspapers and periodicals (Saudi Arabia, 2003)
Section iv: Performance or communication of works in educational establishments
Article 15: The following uses of the copyrighted work, in its original language or in translation, are lawful without obtaining the permission of the copyright owner. These forms of use are:
… (8) Music playing, acting, performing or
showing any work, after publication, by government troupes or public corporate entities or school theatre, as long as such playing, performance or acting does not lead to direct or indirect financial gains. (Saudi Arabia, 2003).
Section iii and v: Not mentioned
Related rights example: a CD recording of a song is concurrently protected by four copyright-type rights: Authors' rights of the composer of the music Authors' rights of the lyricist Performers' rights of the singer and musicians Producers' rights of the person or corporation
that made the recording
Section iii: reprographic reproductions of works for testing, teaching and research
Section v: exceptions applicable to neighbouring rights (or related rights)
Section iii and v in other regional laws
Twelve Arab countries make provisions for exception permitting educational establishments or research centers to reproduce copies of works, at the request of researchers or students, for purposes of teaching or research.
Nine Arab countries copyright laws contain an exception for performances by artists, phonograms or broadcasts by broadcasting bodies, for educational uses.
Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Alternatives
Digital Issues Time-shifting (E.g., recording a TV show for later
viewing)
Circumventing Technological Protection Measures – TPMs (E.g., making back-up copies of digital-format music)
Making archival copies of copyrighted works at libraries and other public institutions.
Sharing electronic copies
Current issues being discussed at WIPO
Utilization of exceptions and limitations for the benefit of educational activities, including distance education and the trans-border aspect thereof, in particular for developing and least developed countries.
The special needs of visually impaired persons and other reading-disabled persons, including discussions at the national and international level on possible ways and means facilitating and enhancing access to protected works.
Outlines
Introduction International context of IP protection Copyright law in KSA The exceptions for education in KSA law New challenges Alternatives
Implications of copyright protection extensions
a) They contradict the original concept of copyright as a tool to balance the benefits to the author and society,
b) The limitation of copyright protection terms
became legitimately questionable, as no end point can be envisaged of possible future extensions, and
c) All these extensions practically mean that the transition of works into the public domain is continually delayed.
YES
Is there any other legal alternatives for copyright
laws?
Alternatives within the © System
Creative Commons
Open access
Free soft ware movement (GNU)
All rights Reserved
C
Some rights reserved
CC
No rights reserved
PD
Creative Commons
Share, Remix, Reuse — Legally
Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry.
You can use CC to change your copyright terms from ‘All Rights Reserved’ to ‘Some Rights Reserved.’
License Your Work!!
Licensing Step 1: Choose condition
Licensing Step 2: Receive a license
International Jurisdictions The CC Affiliate Network consists of 100+ affiliates
working in over 70 jurisdictions to support and promote CC activities around the world.
The international license suite is appropriate for use in all countries that are signatories to established international copyright treaties.
Local community outreach program demonstrated the need and demand for a jurisdiction-specific license suite.
SyriaJordan EgyptLebanon
Recommendations
Promotion of the use of International Creative Commons (CC) license for e-learning material in JUSSUR system.
Development of a National Creative Commons law which will provide legal local frame for enhancing knowledge sharing.
Thanks for your attention
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