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Topics
The international copyright system: limitations, exceptions and public interest considerations for developing countries in the digital environment
The role copyright plays in building capacity for economic growth and development
Authors:
R. Okediji
Publisher:
IPRsonline.org, 2005
This paper discusses the limitations and exceptions that exist within the international copyright system as they relate to developing countries' access to creative works. A key theme of the paper is the central role that copyright plays in building capacity for economic growth and development.
The paper highlights that:
- the role of copyright in disseminating information and promoting welfare can only be effectively realised when copyright law reflects a balance between the competing interests of protection and access
- effective diffusion of knowledge goods is directly related to the limitations placed on the proprietary rights of owners of such goods
- for developing countries, limitations and exceptions are important strategic and doctrinal tools to facilitate economic development by proving citizens with the basic means to engage in intellectual endeavours and to participate in the global knowledge economy
- specifically with regard to education and basic scientific knowledge, the limitations and exceptions within copyright law are an important component in creating an environment in which domestic economic initiatives and development policies can take root, since a well-informed, educated and skilled citizenry is indispensable to the development process.
The paper concludes that the international system must confront and successfully address the challenges of development in the digital age by ensuring that creators and users have the necessary regulatory framework to realise the welfare goals for which the system was designed.
