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
artistic and literary works in the form of exclusive rights in production, reproduction, distribution,
performance, public display 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 jurisdictions 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 in 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 GDP 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 such 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.