management of nigerian copyright law, information for all, open access
INTRODUCTION•In this paper, the term“information for all” is pointingat open access to allintellectual works.•Intellectual works areinformation emanating fromscholarly research, whichUhegbu (2007) has discovered
•While it is already a consensus thatICT and Internet connections are themedium of open access workability ,researchers across the globe has alsoidentified copyright law as obstacle toit.•Yet, Asian countries, particularlyIndia, are in the top flight of openaccess to information, almostequalling Europe and American
•Therefore, this paper attempts to findout how the two variables (copyrightand open access) can help to promotenational development of Nigeria, withreference to India’s experience .
THE CONCEPT OF INFORMATIONFOR ALL• The National Association ofLibrary and InformationScience Students motto has itthat information is power.•Uhegbu (2007) asserts thatinformation is a vehicle ofnational development.
•Das (2008) posits that free flow ofinformation is a fundamentalprinciple for bridging the knowledgegaps between privileged and under-privileged communities.•Universal access to information andknowledge is UNESCOs (www.unesco.org) overall mandate topromote the free flow of informationby word and by image and thus to
•The concept of information for alltherefore lies on building a sustainableInformation society.•In building this society, the WorldSubmit on the Information Society(WSIS) declares that certain principlesand actions must come to play.•Strengthening libraries, archives,museums, cultural collections andother community based access points
•ICT adoption, improvement ofpublic domain information andusage, free-of-charge access toinformation, building strategies andfostering worldwide cooperationbetween libraries are the actions.
A BIRD’S EYE VIEW OF INDIA:RATIONALE FOR COMPARISONWITH NIGERIA•India, a south Asian country, is adeveloping nation like Nigeria.•Economists classify India as a thirdworld country, as Nigeria is alsogrouped.•Both countries were colonized by
•India is the second most populouscountry of the world (Rosenberg, 2010).She has 1.19 billion people, about17.31% of world’s population, with aliteracy rate of 65.38%, improved withinthe last 9 years.•Today, among developing countries ofthe world, India is the most prominentpartner in successful open access anddigital library initiatives. So, how did she
COPYRIGHT LAW: AN OVERVIEW•Copyright law is not a new term allover the world.•It is a universal concept and a form ofprotection provided by the laws of anysovereign state. It is a legislationbacking right for creation of works.
•Not only does copyright holders havethe exclusive right to reproduce anintellectual work and the right to makeit accessible to the public, they alsohave the exploitation and moral rightsas benefits.
A Comparison of terms in Nigerianand Indian Copyright Laws•Copyright law of the countries refer toliterary, artistic and cinematographworks, and other things that may becategorized under them.•The copyright law of the countriesagree that copyright in a work is not aprotection of the idea, rather is aprotection for the labour and skills put
•The conditions of infringement are thesame, wherein every form ofsubstantial coping, aiding copying,publishing, or otherwise, by manual orelectronic means, without thepermission of the owner, Registrar ofcopyright or without correspondingexception principles, infringe the lawand is punishable by provisos set out inthe law.
•The Nigerian and Indian copyrightlaws allow the assignment of a non-exclusive right to anyone in writing,oral or inferred from conduct,permitting the assignee to own or usea copyrighted work.•Exceptions to copyrighted works inthe two countries allow fair dealing.
OPEN ACCESS INITIATIVE•open access is defined as an effort tomake research articles in all academicfields freely available on the internet.•Hoorn and Graaf (2006) assert thatopen access allows reuse: the right ofany one to reproduce and redirect theoriginal article without the publisher’sconsent.
•open access can be achieved throughself archiving (institutional repository)and open access publishing (especiallythrough e-journals containing researchfindings of academics).•Open access accelerates research,enrich education, share the learning ofthe rich with the poor, lay thefoundations for uniting humankind in acommon intellectual exchange andquest for knowledge, and leads tounprecedented development of a
THE RELATIONSHIP BETWEENCOPYRIGHT AND OPEN ACCESS•From the foregoing, it is clear thatopen access is only realizable throughdigitization.•Sveum (2008) evaluated the positionof a typical copyright law on the digitalnature of libraries and discovers thatlaws like Digital Right Management(DRM) and Digital Millennium
•Researchers around the globe haveobserved that there is no smoothrapport between copyright law andopen access project (ICDL Bulletin,2010).•Top library and informationprofessionals in Nigeria agree thatcopyright law hinder the success ofopen access to information (http://www.nulib.net/).
WHAT HAS INDIA DONE?•India conceived an unprecedentedinterest to develope her society.•The government realized developmentlies in transforming the education andknowledge base of the country .•The government set up commissionsand committees with a mandate toprovide modalities to improve theknowledge base of the nation.
•National Knowledge Commission ofIndia (established in 2005) ,UniversityGrants Commission (UGC) and Centrefor Knowledge Society (CKS) are someof the organs set.•The principles and plans of action onaccess to information as given by TheWorld Submit on Information Society(WSIS) were adopted (Das, 2008: pp 3,
Open access to all governmentfunded scholarly research throughelectronic journal publishing anddigital libraries.The use of Open EducationalResources (OER) in Schools andInstitutions.The transformation of all libraries inIndia to digital.The installation of high speedbandwidth (broadband) in Institutions.
•Indian government adopted theserecommendations.•The government mandated herinstitutions to set up local policies forcreating and sustaining open access t oall government funded research andworks in the public domain throughdigital repositories /archives.
•These include Student’s theses andscholars private research findings.But copyright law cried out!•So, not disputing the legality of thelaw, Indian scholars and variouscommission’s think-tank observed thefollowings as the way out :
Scholars and researchers agreed toforfeit their exploitation rights (returnson sales) and seek only moral rights (theauthor’s right to be cited andacknowledged as owner of a work) .Authors retain copyright through“author’s addendum” and share theirwork with open access licenses.Digitalization of libraries , for widerdissemination of information, has tocontinue on the principle of fair dealing,
•Today in India, free access tointellectual information of all kindsis common.•Researchers within and outsideIndia, with internet connection, canaccess many Indian interoperabledigital libraries.•Up to 60% of about four hundredinstitutions (universities andresearch institutes) in India either
• Above all, the world’s registry ofcountries with increasing number ofopen access repositories has India onthe 11thposition, with 46 institutionalrepositories.• Das (2008) has a comprehensive listof open access and digital libraryprojects, both in Asia at large andIndia in particular.
OVERVIEW OF OPEN ACCESS INNIGERIA•Utulu and Bolarinwa (2009) studiedNigerian academics adoption of openaccess and reveal that :There is insignificant use of openaccess andFew academics who adopted openaccess are more from the sciencefaculty than from the humanities.
•Although Victoria Okojie, formerpresident of the Nigerian LibraryAssociation, in a workshop in Zaria in2008, agreed that open access successlies on digital archives andrepositories, only CovenantUniversity, University of Jos andUniversity of Nigeria Nsukka, as atdate of this research, are the onlyNigerian Universities on the world’s
Recommended Guidelines forNigeria•Librarians should agree unanimously onopen access publishing of all researchinformation and the creation ofinstitutional repositories.•A committee should be formed.•A statement of advocacy should bewritten, demanding for creation of digitalrepositories and archives in all higher
•The interest of NUC and the Ministerof Education should be gotten by allgood means.• A letter, to back up the proposals ofinstitutional librarians, should bewritten to chief Executives of higherinstitutions and researchestablishment in Nigeria.•As Opara (2011b) observes, civilsocieties like ASUU, NUT, NUJ, NLC
•Non-profit organizations like T.Y.Danjuma’s foundation, Google, SHELL,MTN, etc. can also be contacted.Against fear of copyright, Librariansshould: promote author’s use of the slogan:“some rights reserved” rather than “allrights reserved”.Ask scholars to retain copyright of theirworks and share it with creativecommons licenses or transfer only aportion to their publishers rather than
Advocate for intellectual propertyrights for academic and researchinstitutions to enable libraries sharecopyright with authors in theirinstitutions, so as to grant open access tospecial works like student’s theses.Digitize already existing holdings oflibraries on the legal basis of digitalpreservation rights (DMCA section 108),public domain privileges, fair dealingprinciples, and first sale doctrine.
SUMMARY AND CONCLUSION•Although copyright legality is stillalive globally, open access to researchinformation is on the increase throughdigital libraries, institutionalrepositories and e-journals.•If Information professionals like: S.Arunachalam, T. B. Rajashekar, withfew others could start open access
THANK YOUAUTHOR’S ADDENDUMSir/Ma,Kindly note that this work is licensed under a CreativeCommons Attribution 3.0 license and if foundpublishable in your journal, the peer-reviewed copy shallstill retain this license, which permits uploading of thisarticle in author’s institution repository and other selfarchiving channels.