Contemporary copyright fair dealing management issues and their impact on access to information sources and services : South African academic libraries in the transition to the digital environment

Abstract

This study investigated the perceptions of academic librarians, managers of consortia, users of digital content, and rights holders whether licensing agreements effectively inhibit access to digital content and whether there is a need to establish an equivalent to the fair dealing exemption in the digital environment. The protection that is accorded to digital content is complex. An empirical survey based on qualitative method was conducted in 2003 - 2004 in the Western Cape Province, South Africa, to examine whether licences inhibit access to digital content and whether an equivalent to the fair dealing exemption was necessary in the digital environment. Methodology used in the survey consisted of interviews from structured questions. Using grounded theory, certain perceptions and misconceptions were found in the interview responses. Thereafter it was possible to suggest that the debate as to whether licences inhibit access to digital content and whether an equivalent to the fair dealing exemption is needed in the digital environment is perhaps inconclusive. However, it is proposed that as licences theoretically inhibit access to digital content, it may be necessary for an equivalent to the fair dealing exemption to be instituted to balance the rights of rights holders with those of consumers of digital content. The new fair dealing exemption would be able to theoretically balance the alleged inhibition caused by licensing agreements.