A critical Analysis of Exceptions and limitations to copyright: with Special emphasis to Education

Abstract

This paper examines the issue of exceptions and limitations under the Ethiopian copyright proclamation. Specifically it examines those exceptions and limitations provisions that have direct or indirect link to education from the view point of the subject matter covered by the exceptions, types of exclusive rights fall under the exceptions, nature or types of works covered by the exceptions, beneficiaries of the exceptions, the conditions attached to those provisions and consider whether the proclamation inculcate exceptions and limitations provisions in full-fledged manner and the adequacy of this provision in facilitating educational undertaking.. To undertake it is examination the thesis adopted analytic approach. After thoroughly examining those exceptions and limitations provisions the study founds that although the copyright and neighboring right protection proclamation No.410/2004 inculcate a long list of exceptions and limitation the systems of exceptions and limitations under the copyright law as it stand know is inadequate to address stakeholders need of using copyrighted work for educational purpose without undergoing the cumbersome procedure of authorization. The exceptions and limitations is framed by employing wrong and restrictive terminologies, due to this the the system of exceptions and limitations lacks clarity and leads to confusions. Furthermore, there is no proper link between and among exceptions and limitations provisions. There exist a huge logical gap among those provision. Copyright law as it stands know fail to incorporates exception and limitation in full-fledged manner. The system of exceptions and limitations under the proclamation is entirely built on to rigid and inflexibly provisions that may not respond to the need of stakeholders. The paper recommends the legislator to rethink the issue of exceptions and limitations and makes amendment to avert the flaws, weakness and shortcomings of the know existing exceptions and limitations provisions. Specifically it call the legislator to employee appropriate terms, to create a proper link among the provisions and to come up with new exceptions and limitations provisions.