Berihu, Taame (2013) Exceptions and Limitations Under Ethiopian Copyright Law: A Comparative Analysis. Masters thesis, Addis Ababa University.
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Abstract
With the development of importance of creative works, protection of works of mind comes in to practice at national and international levels at different times. Right holders are given legal protection over their artistic and literary works in the form of exclusive rights in production, reproduction, distribution, performance, public display etc or exclusive rights of granting authorization to other to do the same. The ultimate goal of copyright protection is to provide incentives for people to produce scientific and creative works that benefit society at large. As far as the public is part of copyright system, the exclusive rights of copyright holders are not made to be absolute because exceptions and limitations of copyright in the form of specific exceptions and limitations, fair use, fair dealing and fair practice are an integral part of copyright policy so that users are free to utilize works of authors without authorization and with or without payment as the case may be. Over protection of works has similar negative effect as under protection and hence, balanced protection is inevitable. Due to different reasons, copyright protection remains territorial with the exception of the development of International Conventions and Agreements to harmonize copyright laws across the world. The degree of protection given to copyright holders and users vary from jurisdiction to jurisdiction. Some jurisdictions provide strong protection to the moral and economic interests of copyright holders while others have balanced protection with utilitarian orientation. There exists also a difference in duration of protection of moral and economic rights which affects the limitations on the exclusive rights of copyright holders. Copyright in general and exceptions and limitations in particular have significant contribution to the development goals through creation of employment, service and contribution to the GDP even though scholars did not give attention for longer times. Ethiopia has no study so far about the economic contribution of copyright law. But currently there are areas of works dependent on copyright exceptions and limitations. International copyright instruments provides exceptions and limitations compatible with the three step test without identifying which exception should comply with the test or not as there are exceptions which should not fall under the test such as reproduction for quotation, research, criticism, reporting current events etc. International copyright instruments have an adverse effect on the legislative flexibility of national law makers. The existing copyright exceptions and limitations are under threat of elimination due to the development of self help measures of copyright holders of digital works to control access through TPMs. The Ethiopian copyright law needs amendment to balance the interests of copyright holders and users by incorporating flexible and comprehensive exceptions and limitations as creators a head by using works of predecessors and to accommodate changes taking place in technology on the availability, use and mode of protection of creative and innovative works of mind. Amendments should take place on the exceptions and limitations term of protection, education, library, file sharing in digital contents etc. Amendment is mandatory to incorporate provisions for enforcement of rights of users in case of violation of users’ rights by copyright holders, liability exclusion provisos for internet service providers and librarians, to regulate use of technological protection measures for digital works by copyright holders in comply with exceptions and limitations.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 11 Jun 2018 14:05 |
| Last Modified: | 11 Jun 2018 14:10 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4702 |
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