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

235 Pages·2021·9.927 MB·English

by  Sileshi Bedasie Hirko

Routledge Explorations in Development Studies
RETHINKING COPYRIGHT
FOR SUSTAINABLE HUMAN
DEVELOPMENT
HIGHER EDUCATION AND ACCESS TO KNOWLEDGE
Sileshi Bedasie Hirko
Rethinking Copyright for
Sustainable Human Development
This book explores the interfaces between copyright and higher education, and
their complementarities for the advancement of sustainable human development.
In its broader sense, the concept of human development is noted as a set of
freedoms and human capabilities that are essential for human flourishing.
Adopting a rights-based human development and capability approach
(HDCA), this book primarily examines the relevant policy and legal
flexibilities under the existing international copyright system, and their
implications for access to knowledge required for creative innovation and
higher education.
Exploring the interfaces between copyright and higher education, this book
argues that an unbalanced and restrictive copyright system impedes reasonable
access to knowledge, and stifles creative and learning freedoms or capabilities. In
effect, a restrictive copyright system results in serious ramifications for sustainable
human development. In view of its findings, this 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 joint roles for sustainable human
development.
Given its application of the HDCA to explore ranges of interlinked topics,
this book will be of a great interest to researchers across the fields of intellectual
property law, innovation, global development, human rights, and higher
education.
Dr. Sileshi Bedasie Hirko is a Queen Elizabeth II Diamond Jubilee Advanced
Scholar and a postdoctoral fellow affiliated with University of Ottawa and
Open African Innovation Research Organization (Open AIR).
Routledge Explorations in Development Studies
This Development Studies series features innovative and original research at the regional
and global scale. It promotes interdisciplinary scholarly works drawing on a wide spec-
trum of subject areas, in particular politics, health, economics, rural and urban studies,
sociology, environment, anthropology, and conflict studies.
Topics of particular interest are globalization; emerging powers; children and youth;
cities; education; media and communication; technology development; and climate
change.
In terms of theory and method, rather than basing itself on any orthodoxy, the series
draws broadly on the tool kit of the social sciences in general, emphasizing comparison,
the analysis of the structure and processes, and the application of qualitative and quan-
titative methods.
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Kelechi A. Kalu and Jiyoung Kim
Women and the UN
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Edited by Rebecca Adami and Dan Plesch
Youth Civic Engagement and Local Peacebuilding in the Middle East and
North Africa
Prospects and Challenges for Community Development
Edited by Ibrahim Natil
Women-Owned SMEs in Emerging Markets
The Missing Link in Global Supply Chains
Shabnam Shalizi
Rethinking Copyright for Sustainable Human Development
Higher Education and Access to Knowledge
Sileshi Bedasie Hirko
For more information about this series, please visit: www.routledge.com/Routledge-
Explorations-in-Development-Studies/book-series/REDS
Rethinking Copyright for
Sustainable Human
Development
Higher Education and Access to
Knowledge
Sileshi Bedasie Hirko
First published 2022
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2022 Sileshi Bedasie Hirko
The right of Sileshi Bedasie Hirko to be identified as author of this work has
been asserted by him in accordance with sections 77 and 78 of the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record has been requested for this book
ISBN: 978-1-032-10222-1 (hbk)
ISBN: 978-1-032-10224-5 (pbk)
ISBN: 978-1-003-21429-8 (ebk)
DOI: 10.4324/9781003214298
Typeset in Bembo
by MPS Limited, Dehradun
In loving memory of my father, Bedasie Hirko Boka and my
younger sibling, Kebede Bedasie Hirko.

Contents
Preface x
Select list of abbreviations xii
Acknowledgement xiv
1 The conceptual framework of the book 1
1.1 Copyright, education, and development: introduction 1
1.2 Education in the context of access to learning materials 2
1.3 Copyright and education: a shared function of advancing public
interests 7
1.4 Copyright and education for development: an overview of the
nexus 10
1.5 Exploring flexibilities in the context of access to learning
materials 13
1.6 Contribution of the book and overviews of its contents 19
2 Copyright, education, and human development:
theoretical frameworks 30
2.1 Introduction 30
2.2 Theories of copyright protection 30
2.3 Theories of human rights 35
2.4 Theories of education 37
2.5 Theories of development 41
2.6 HDCA as the normative and analytical framework 45
2.7 Conclusion 49
3 International copyright and human rights systems:
development context 63
3.1 Introduction 63
viii Contents
3.2 International copyright system: Development Context 64
3.3 International human rights system: development context 72
3.4 The interface between copyright and human rights 80
3.5 Conclusion 82
4 Higher Education and Creative Innovation: Exploring
Copyright Flexibilities 102
4.1 Introduction 102
4.2 Higher education and creative innovation for human
development 104
4.3 International copyright flexibilities 105
4.4 Conclusion 128
5 Copyright and higher education for human development:
HDCA for rethinking flexibilities 144
5.1 Introduction 144
5.2 Approaches towards (re)integration of flexibilities 145
5.3 Re-orienting policy, legal and institutional regimes towards human
development 151
5.4 Revisiting and re-orienting copyright-related flexibilities 156
5.5 Conclusion 167
6 Re-integrating licensing regimes into the framework of
flexibilities 179
6.1 Introduction 179
6.2 Licensing models as an element of flexibilities: an avenue for access
to knowledge 180
6.3 Re-integrating OA into the framework of flexibilities: HDCA for
re‐integration 182
6.4 Conclusion 190
7 Concluding remarks 197
7.1 Introduction 197
7.2 Copyright and higher education for human development 199
7.3 Exploring copyright-related flexibilities for human
development 204
Contents ix
7.4 Rethinking of policy and legal flexibilities for human
development 208
7.5 Exploring licensing models as flexibilities: embracing OA
model 210
7.6 Conclusion 211
Index 215