Evaluating the current copyright provisions for the reproduction and dissemination of electronic educational material in distance learning

• Main Author: Lamont, Kim Tracy
• Other Authors: Tong, Lee-Ann
• Format: Dissertation
• Language: English
• Published: University of Cape Town 2015
• Subjects: Intellectual Property Law
• Online Access: http://hdl.handle.net/11427/15212

There is a marked increase in distance learning courses. According to the literature, online courses have penetrated 78.09% of undergraduate level programmes and 64.3% of doctoral research institutions. The amplified trend towards online learning courses raises questions pertaining to access to educational material online. Digitisation has enabled the rapid copying of content and dissemination thereof to better enable access to learning for all through such digital availability of educational material. However, whether there are sufficient exceptions within copyright law to better facilitate the magnanimous growth of distance learners is debatable. The aim of this minor dissertation is to determine whether there are international instruments such as the Berne Convention, the Trade Related Intellectual Property Agreement (TRIPs), and the WIPO Copyright Treaty (WCT) that better enable the electronic reproduction and distribution of work for distance learners. To understand the fair dealing and fair use provision specifically for distance learning in specific countries, which include South Africa, United Kingdom and United States Methodology: A large literature search was undertaken, which included legislation, published journal articles, websites and magazines to characterise the current state of access to educational material for distance learners in SA, UK and USA. The findings show that there is not sufficient room for access to educational material for distance learners in a fair dealing model. This can be demonstrated in the enumerated list that must be adhered to for fair dealing to subsist. This is demonstrated in section 12 of the South African Copyright Act as well as section 32-36 in United Kingdom's Copyright Designs and Patents Act. However, in the United States there has been development within the codification of fair use terms in section 107 of the United States Copyright Act that have provided provisions for multiple copies as long as the four criteria for fair use are fulfilled. Furthermore, the Digital Millennium Copyright Act was implemented which has therein specified provisions for the digitisation of a work for distance learners. There are not sufficient exceptions within copyright law for access to digitised educational material for distance learners in South Africa and the United Kingdom. The current exceptions are narrow and limited. Therefore, a recommendation would be to broaden the scope of the provisions to increase the flexibility and better to accommodate access to educational material for distance learners in this information age where digital networks and access are growing exponentially. Some countries such as the Unites States have come to this realisation early and have started to accommodate digitisation of works and distance learning models through the Digital Millennium Copyright Act and the codification of the fair use model in section 107 of the United States Copyright Act.