african Copyright and access to

This work is licensed by its copyright-holders (Shuttleworth Foundation and University of the Witwatersrand, Johannesburg) under the Creative Commons

As the preceding chapters of this book have demonstrated, copyright law alone does not constitute a national copyright environment. Legislation is only part of a system that includes regulations, policies, cases and judicial attitudes and more importantly, copyright-related practices, including perceptions and interpretations

1.1 The importance of improving African education systems Education is integral to development. It is a catalyst for poverty reduction and

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The whole of human development is derivative. We stand on the shoulders of the scientists, artists and craftsmen who preceded us. We borrow and develop what they have done; not necessarily as parasites but simply as the next generation. (Laddie 1996, p. 259) Human development is a cultural process. As a biological species, humans are defined in terms of our cultural participation. (Rogoff 2003, p. 3)

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Education and research is the cornerstone of Africa’s socioeconomic and political development. Yet there are barriers that prevent Africa’s education and research institutions from realizing their full potential. The paper examines copyright as one such barrier in accessing and using electronic resources in Africa’s education and research contexts. It is an outgrowth of a study conducted at three Ugandan institutions, a public university, a private university and a public research institution. The study found that there was a serious lack of institutional policies on copyright and intellectual property in Ugandan research and academic institutions. The paper critically examines the draft policy on research and intellectual property rights management of Makerere University (participated in the study). The extent to which this draft policy addressed issues of copyright and extent to which it advanced open sharing of knowledge is examined. On account of the findings of the Ugandan study which pointed to the need of greater openness in access and use of e-resources, this paper argues that openness should supersede other interests in the copyright system. The position taken in the paper is