Rethinking Copyright for Sustainable Human Development: Higher Education and Access to Knowledge

Description

This book explores the interface between copyright and higher education, and their complementarities for the advancement of sustainable human development. The concept of human development defines the freedoms and human capabilities that are essential for human flourishing. Adopting a rights-based human development and capability approach, the book primarily examines the relevant policy and legal flexibilities under the existing international copyright system and their implications for access to knowledge for creative innovation and higher education. Exploring the interfaces between copyright and higher education, the book argues that an unbalanced and restrictive copyright system impedes reasonable access to knowledge and stifles creative and learning freedoms or capabilities, resulting in serious ramifications for sustainable human development. In view of its findings, the book underscores the need for rethinking copyright and reframing its relevant flexibilities as users-rights that are vital for promoting creative and learning capabilities towards sustainable human development. Further, the book emphasizes the complementarities between copyright and higher education, and their roles for sustainable human development. Given its multifaceted explorations of ranges of interlinked topics through the lens of the human development approach, the book will be of a great interest to researchers across the fields of intellectual property law, innovation, global development, human rights, and higher education. Cover Half Title Series Page Title Page Copyright Page Dedication Contents Preface Select List of Abbreviations Acknowledgement 1. The conceptual framework of the book 1.1 Copyright, education, and development: introduction 1.2 Education in the context of access to learning materials 1.2.1 Education as a human right 1.2.2 Higher education as an integral element of right to education 1.2.3 Purpose and significance of education 1.2.4 Education's essential input: access to learning materials 1.3 Copyright and education: a shared function of advancing public interests 1.3.1 Copyright: an instrument of public interest 1.3.2 Education: an element of public interests 1.4 Copyright and education for development: an overview of the nexus 1.5 Exploring flexibilities in the context of access to learning materials 1.5.1 A brief exposition of key concepts A Delineating learning materials B The notion of flexibilities 1.5.2 The instrumental role of flexibilities for education and development A The role of copyright flexibilities for higher education B The role of flexibilities for development 1.6 Contribution of the book and overviews of its contents 1.6.1 Scope and contribution of the book 1.6.2 Overviews of this book's contents Notes 2. Copyright, education, and human development: theoretical frameworks 2.1 Introduction 2.2 Theories of copyright protection 2.2.1 The utilitarian theory 2.2.2 The labor theory 2.2.3 The personality theory 2.2.4 The contractarian/social contract theory 2.2.5 Social planning theory 2.3 Theories of human rights 2.3.1 Overview of the major theories 2.3.2 The natural rights theory of human rights 2.3.3 Social justice theory of human rights 2.4 Theories of education 2.4.1 "Liberal" theory of education 2.4.2 Human capital theory of education 2.4.3 The capability approach to education 2.5 Theories of development 2.5.1 Neoliberal theory of development 2.5.2 Contemporary theories of development 2.5.3 The human development approach: an emerging framework for development 2.6 The HDCA as the normative and analytical framework 2.6.1 The notion of development and capability approach 2.6.2 The HDCA as a normative framework for copyright, education, and development 2.6.3 The potential and limits of the HDCA as an analytical framework 2.7 Conclusion Notes 3. International copyright and human rights systems: development context 3.1 Introduction 3.2 International copyright system: development context 3.2.1 An overview of the international copyright system 3.2.2 The encounter between development and international copyright system A Copyright in development context: general overview B Development context for Berne, Rome, and related conventions C Development context for WIPO internet and Marrakesh treaties D Development context for copyright under the TRIPs Agreement 3.2.3 Placing copyright within sustainable human development context 3.3 International human rights system: development text 3.3.1 An overview of the international human rights system 3.3.2 Development and human rights 3.3.3 Human rights approaches to development 3.3.4 Sustainable human development context for the right to development 3.4 The interface between copyright and human rights 3.5 Conclusion Notes 4. Higher education and creative innovation: Exploring Copyright Flexibilities 4.1 Introduction 4.2 Higher education and creative innovation for human development 4.3 International copyright flexibilities 4.3.1 General flexibilities for education and creative innovation A General flexibilities under the Berne and Rome conventions B Flexibilities under the TRIPs Agreement C Flexibilities under the WTO Internet Treaties D Flexibilities under the Marrakesh and the Beijing Treaties 4.3.2 Specific flexibilities relevant for higher education A Utilization for teaching purposes B Quotation exception C Compulsory licensing including the Berne Appendix D The principle of exhaustion and parallel importation E Regulation of anti-competitive practices for bulk or affordable access F Limitations and exceptions for library and archival uses 4.3.3 The double-edged three-step test: element and parameter of flexibilities A The content of the three-step test i Certain special cases ii No conflict with a normal exploitation iii No unreasonable prejudice to the legitimate interest B The dual function of the test: flexibility and parameter for flexibilities 4.4 Conclusion Notes 5. Copyright and higher education for human development: HDCA for rethinking flexibilities 5.1 Introduction 5.2 Approaches towards (re)integration of flexibilities 5.2.1 The traditional defensive approach 5.2.2 The development policy tools approach 5.2.3 The emerging users' rights approach 5.2.4 HDCA as a more inclusive framework 5.3 Re-orienting policy, legal and institutional regimes towards human development 5.3.1 Revisiting and forging coherence among policy objectives 5.3.2 Revisiting legal frameworks for better coherence 5.3.3 Building institutional coherence and collaboration 5.4 Revisiting and re-orienting copyright-related flexibilities 5.4.1 Rethinking and reintegrating general copyright-related flexibilities A Human rights and constitutional dimensions B International norms of development-oriented flexibilities C Public interest-driven flexibilities and remunerative approach D Retracting the TRIPs-plus approach E Crafting a blend of three-step test and open-ended fair use 5.4.2 Rethinking specific copyright-related flexibilities A Private use exception B Quotation exception C Teaching and scientific research exceptions D Limitations and exceptions for libraries and archives E Exhaustion doctrine and parallel imports F Compulsory licensing G Limitations and exceptions for persons with disabilities 5.5 Conclusion Notes 6. Re-integrating licensing regimes into the framework of flexibilities 6.1 Introduction 6.2 Licensing models as an element of flexibilities: an avenue for access to knowledge 6.2.1 Blanket and extended collective licensing models 6.2.2 Open access licensing models as emerging flexibilities 6.3 Re-integrating OA into the framework of flexibilities: HDCA for (re)integration 6.3.1 Introduction 6.3.2 Prospects of OA licensing models 6.3.3 Policy and legal rooms for (re)integration of OA at national levels 6.3.4 The challenges of (re)integrating open access 6.4 Conclusion Notes 7. Concluding remarks 7.1 Introduction 7.2 Copyright and higher education for human development 7.2.1 Mapping the conceptual linkage 7.2.2 Theoretical justifications of copyright, education, and development 7.2.3 International development context 7.3 Exploring copyright-related flexibilities for human development 7.3.1 International copyright-related flexibilities 7.3.2 Exploring national copyright-related flexibilities 7.4 Rethinking policy and legal flexibilities for human development 7.4.1 Rethinking policy, legal, and institutional regimes 7.4.2 Rethinking and re-integrating copyright flexibilities 7.5 Exploring licensing models as flexibilities: embracing OA 7.6 Conclusion Notes Index