‘New hope for Africa? Copyright and Access to Knowledge in the Digital Age’

Abstract

Purpose – This paper's main purpose is to deepen the general understanding regarding copyright exceptions and limitations as an important balancing tool of copyright law, particularly for developing countries in Africa. It seeks to address the problematic interplay between copyright exceptions and limitations on the one hand and technological protection measures (TPMs) on the other. It then aims to offer a solution for mitigating the potentially detrimental impact of TPMs on otherwise‐permitted uses of copyright‐protected knowledge materials.

Design/methodology/approach – The paper's approach is legal doctrinal research that relies exclusively on written texts.

Findings – The paper finds that copyright exceptions and limitations are currently in tension with the legal regulation of TPMs and their circumvention. The two do not seem to be optimally balanced, with some African countries having adopted an unduly restrictive legal approach. The paper therefore suggests a more balanced model that is in keeping with developmental ends and human rights concerns.

Originality/value – The paper makes a meaningful contribution by locating the discussion in Africa and providing a suggested equitable legal approach.