The Implications of TRIPs ’ Criminal Provisions on Copyright Exception for Education in Ethiopia: A Critical Approach from a Human Rights Perspective

It is undisputed that education is instrumental both for socio-economic development and the enjoyment of other fundamental human rights. In particular, a tertiary education is very critical for less developed countries (LDCs) such as Ethiopia where education is considered a vital tool for sustainable development. Nonetheless, a quality tertiary education depends, inter alia, upon sufficient access to most copyrighted learning materials through a balanced copyright system with adequate room for flexibility. In fact, the tension between copyright protection and the right to education is integral to the global debate between intellectual property and human rights regimes. Despite its compelling socio-economic needs and its human rights obligation that dictate a broader room for flexibility, Ethiopia has adopted a very restrictive copyright system with a narrow set of limitations and exceptions (L&Es) for education. Further, both its copyright and criminal laws prescribe severe criminal sanctions for any act of copyright infringement. In so doing, Ethiopia has taken a legislative approach that exacerbates the problems related to both TRIPs’ implementation and access to learning materials. In the absence of a concrete step to rethink the approach, the effective utilisation of the constrained exception for education will be further undermined by TRIPs’ criminal enforcement in disregard of the socio-economic contexts of the country.

Copyright Exceptions Reform and AI Data Analysis in ChinaA Modest Proposal

The development of artificial intelligence (AI) technology is firmly connected to the availability of big data. However, using data sets involving copyrighted works for AI analysis or data mining without authorization will incur risks of copyright infringement. Considering the fact that incomplete data collection may lead to data bias, and since it is impossible for the user of AI technology to obtain a copyright licence from each and every right owner of the copyrighted works used, a mechanism that can free the data from copyright restrictions under certain conditions is needed. In the case of China, it is crucial to check whether China’s current copyright exception model can take on the role and offer that kind of function. This chapter suggests that a special AI analysis and data mining copyright exception that follows a semi-open style should be added to the current exceptions list under the Copyright Law of China.

The Flexible Copyright Exception for ‘Non-Enjoyment’ Purposes ‒ Recent Amendment in Japan and Its Implication

After the long discussions in Japan over the introduction of a general clause on copyright exceptions since 2007, the ‘flexible’ provisions on copyright exceptions (Arts. 30-4, 47-4 and 47-5) were finally introduced into the Japanese Copyright Act in 2018 and came into effect in 2019. They differ widely from the US fair use clause and the UK fair dealing provisions. This article focuses on Art. 30-4, which comprehensively allows an exploitation of a work that is aimed at neither enjoying nor causing another person to enjoy the work. In particular, any exploitation for text-and-data mining (TDM) is widely permitted by any means under Art. 30-4, including for commercial purposes. The underlying theory behind this relates to the nature of copyright, or the justification for copyright protection that an exploitation not for ‘enjoyment’ purposes is beyond the inherent scope of copyright because it does not prejudice the opportunities of the copyright holders to receive compensation. While this might sound unusual, it is interesting to note that some similar theories can be found in Europe, some of which try to widely exclude TDM activities from the scope of copyright based on the idea of ‘a use as a work’. Considering such common characteristics of the theories regarding copyright and ‘enjoyment’ of a work, Art. 30-4 of the Japanese Copyright Act and the theoretical justification for it might have implications for other jurisdictions regarding copyright exceptions or the substantive scope of copyright.

Transient Uses and Temporary Copying

This chapter discusses defences that exempt certain activities from infringement on the basis of their transient or incidental character. These tend to be of paramount importance in cases of electronic communications and, more specifically, on the Internet as a result of the very nature and function of online networks. The exception available for temporary copying, for instance, which features in Article 5(1) of the Information Society Directive, has specifically been drafted with a view to covering online activities, such as caching and browsing, that enhance the efficiency of the Internet. Subject to discussion is the temporary copying exception in its broader contextual framework, including the relevant statutory provisions and case law, such as Infopaq I and II, Football Association Premier League, Meltwater, and Filmspeler decisions. It is argued that although Article 5(1) of the Information Society Directive takes, organically, the form of a copyright exception, the relevant provision should be better understood to be setting a scope limitation on the reproduction right and an exemption from copyright infringement.

Comparative Study on Copyright Exception for Teaching Purposes: Australia, Malaysia and the United Kingdom

While education is considered a basic human right, the copyright system however seems to hamper public access to information and knowledge. This is especially so when information that largely comes from developed countries are used as commodities that have to be bought by developing countries. This paper compares the international and national laws in Malaysia, United Kingdom and Australia on the copyright exceptions to materials used for teaching purposes. It analyzes the different ways countries manage and balance between copyright owners and copyright users’ interest and shows that in many circumstances, copyright owners are over-protected by national copyright systems although this is not required by international copyright law. This paper also shows that international treaties governing copyright law do allow some flexibility for member countries to implement copyright systems based on their own needs and circumstances but such opportunity is not fully utilized by member countries for the benefit of the public.

Amending Chinese Copyright Law to Fulfil Obligations under the Marrakesh Treaty to Facilitate Access to Published Works for the Print Disabled

Chinese copyright laws have not yet given sufficient consideration to copyright exceptions or limitations to facilitate access to copyright works for persons with a print disability. Now that China has become a signatory party of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, it would be significant if China could amend its copyright laws so as to end the “book famine” for a huge population with a print disability. The objective of this paper is to evaluate the effectiveness of Chinese copyright exceptions for the print disabled and propose amendment options for China's copyright law to ensure compliance with its signatory obligations. To this end, the paper provides an overarching examination of China's copyright exception arrangements for the print disabled, identifies the gap between Chinese copyright laws and the Marrakesh Treaty, and analyses previous proposals on copyright law reform.