Dissemination and Use of Copyrighted Works for Education and Research Mohammed El Said (UCLAN) Arab-African Seminar on Exceptions and Limitations Cairo 2 November 2009

Issues of discussion Copyright protection and education Copyright protection and education Education in the Arab World Education in the Arab World The impact of strengthened copyright protection on research and education The impact of strengthened copyright protection on research and education Facing up to the challenges…the need for reform Facing up to the challenges…the need for reform

The Relationship between Copyright and Research/Education Relationship Long acknowledged Relationship Long acknowledged Statute of Anne (1709) Statute of Anne (1709) French Decree on Copyright of 1793 was drafted as part of a wider project on public education French Decree on Copyright of 1793 was drafted as part of a wider project on public education The Berne Convention The Berne Convention

The Role of Education and Research in Society Knowledge creation and dissemination Knowledge creation and dissemination Education and development Education and development Education and economic growth Education and economic growth Education and innovation/creativity Education and innovation/creativity

Education, Research and Copyright Protection in the Arab World Rich history…… Rich history…… Forms Copyright protection in the region… Forms Copyright protection in the region… Copyright protection regimes in the region, divided into three groups: Copyright protection regimes in the region, divided into three groups: –TRIPS-Minus Regimes –TRIPS-Compatible Regimes –TRIPS-Plus Regimes

Status of Education and Research in the Arab World -Youthful population, estimates unemployment at 14% -High illiteracy rates, 2008 estimates 30% (Arab League Educational Cultural and Scientific Organisation) -Quality: According to WB, the quality of education in the Arab World is falling far behind many other regions (WB, 2008) -2009, only one Arab university featured in the top 500 universities in the world. (Institute of Higher Education) -R&D expenditure is rising….according to the Economist 2009, Arab countries now spend as much or more on education, as a share of GDP, than the world average. BUT???

Status of Education and Research in the Arab World -Trends in International Mathematics and Science Study latest report (2007) found, that out of 48 countries tested, all 12 participating Arab countries fell below the average. -Arab region share of world scientific publications are less of 1 % of world output. Translation: Translation: the cumulative total of translated books in the Arab world since the 9 th century is about books – equal to the volume Spain translates in one year (UNESCO, 2005) Internet Connectivity = rising but still low on average : according to the 2009 AHDR, UAE was highest in region reaching to 308 per People with access to internet in Egypt below 20% Internet Connectivity = rising but still low on average : according to the 2009 AHDR, UAE was highest in region reaching to 308 per People with access to internet in Egypt below 20% Brain drain, 18.2% of Doctors in OECD countries are of Arab origin (LAS, 2008). Brain drain, 18.2% of Doctors in OECD countries are of Arab origin (LAS, 2008).

Status of Research and Education in the Arab World The Economist…Oct 2009 One reason that too many Arabs are poor is …education special space special space

Dealing with the challenges The need to extensively include/define the flexibilities/exceptions related to Education/Research under national law Include flexibilities allowing/encouraging: Include flexibilities allowing/encouraging: –Scientific use –Library/museums/higher education, and archive use –Educational use / teaching –Private use and quotation/review/comments rights –Translation

Dealing with the challenges Define criteria related to copyrighted works Define criteria related to copyrighted works –The concept of `authorship` –The concept of `originality` –The concept of `idea and expression` of the work –Reproduction rights –Exhaustion of rights –Fair use/fair dealing

Dealing with the challenges Building/strengthening the surrounding legal infrastructure Building/strengthening the surrounding legal infrastructure -Competition law -Consumer Law -Freedom of expression laws

Dealing with the challenges… The need for raising awareness between stakeholders at all levels The need for raising awareness between stakeholders at all levels Achieving the goals of the TRIPS Agreement Achieving the goals of the TRIPS Agreement –Focus on public interest and policy (TRIPS Preamble and Art. 8) –Achieving development (Art.7) –Transfer of technology (Art. 7) Collaborative regional and international effort Collaborative regional and international effort

The Challenge of Bilateral Trade Agreements and FTAs How Copyright treatment under bilateral agreements impact Education? How Copyright treatment under bilateral agreements impact Education? -Extending the term of protection to 70 years plus the life of the author -Exhaustion of rights -Enforcement

Further Recommendations Digitalization of copyrighted materials, in Arabic Digitalization of copyrighted materials, in Arabic Enable distance learning Enable distance learning Access initiatives, e.g The Access to Research for Development and Innovation (aRDi) program. Access initiatives, e.g The Access to Research for Development and Innovation (aRDi) program.

Statements In order to improve access to copyrighted works and achieve their goals for education and knowledge transfer, developing countries should adopt pro-competitive measures under copyright laws. Developing countries should be allowed to maintain or adopt broad exemptions for educational, research and library uses in their national copyright laws. (IPRs Commission, 2002) In order therefore to ensure that educational establishments are able to take advantage of new technology to educate pupils regardless of their location, it is necessary to expand the existing copyright exceptions. (Gowers Review, 2006) Academic work is being impeded because scholars are excluded from using copyright material in cases where the balance is clearly in favour of allowing them to do so and even where a court would probably find they enjoyed the right to do so. (British Academy, 2006)

Thank you