Exceptions and Limitations under Ethiopian Copyright Law: A Comparative Analysis
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Date
2013-02
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Addis Ababa University
Abstract
With the development of importance of creative works, protection of works of mind comes in to
practice at national and international levels at different times. Right holders are given legal
protection over their arti stic and literary works in the form of exclusive rights in production,
reproduction, distribution, performance, public di splay etc or exclusive rights of granting
authorization to other to do the same. The ultimate goal of copyright protection is to provide
incentives for people to produce scientific and creative works that benefit society at large. As far
as the public is part of copyright system, the exclusive rights of copyright holders are not made
to be absolute because exceptions and limitations of copyright in the form of specific exceptions
and limitations, fair use, fair dealing and fair practice are an integral part of copyright policy so
that users are free to utilize works of authors without authorization and with or without payment
as the case may be. Over protection of works has similar negative effect as under protection and
hence, balanced protection is inevitable. Due to different reasons, copyright protection remains
territorial with the exception of the development of International Conventions and Agreements to
harmonize copyright laws across the world. The degree of protection given to copyright holders
and users vary from jurisdiction to jurisdiction. Some jurisd ictions provide strong protection to
the moral and economic interests of copyright holders while others have balanced protection
with utilitarian orientation.
There exists also a difference 111 duration of protection of moral and economic rights which
affects the limitations on the exclusive rights of copyright holders. Copyright in general and
exceptions and limitations in particular have significant contribution to the development goals
through creation of employment, service and contribution to the GOP even though scholars did
not give attention for longer times. Ethiopia has no study so far about the economic contribution
of copyright law. But currently there are areas of works dependent on copyright exceptions and
limitations. International copyright instruments provides exceptions and limitations compatible
with the three step test without identifying which exception should comply with the test or not as
there are exceptions which should not fall under the test sllch as reproduction for quotation,
research, criticism, reporting current events etc. International copyright instruments have an
adverse effect on the legislative flexibility of national law makers. The existing copyright
exceptions and limitations are under threat of elimination due to the development of self help
measures of copyright holders of digital works to control access through TPMs. The Ethiopian
copyright law needs amendment to balance the interests of copyright holders and users by
incorporating flexible and comprehensive exceptions and limitations as creators a head by using
works of predecessors and to accommodate changes taking place in technology on the
availability, use and mode of protection of creative and innovative works of mind. Amendments
should take place on the exceptions and limitations term of protection, education, library, file
sharing in digital contents etc. Amendment is mandatory to incorporate provisions for
enforcement of rights of users in case of violation of users' rights by copyright holders, liability
exclusion provisos for internet service providers and librarians, to regulate use of technological
protection measures for digital works by copyright holders in comply with exceptions and
limitations
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Exceptions and Limitations under Ethiopian, Copyright Law