The dilemma of intellectual property rights in educational cyberspace

Abstract

It is critical that we begin to evaluate the state of the intellectual property (IP) landscape in educational cyberspace. Problems with copyright grow yearly in complexity and importance — even with an international dimension — as the digital environment makes copying easier, quicker and cheaper, often in ways not envisaged when the relevant legislation was enacted. Governments seek to protect property rights, thus the provisions of the Copyright Act (SA, 1878, Copyright Act 98:1987), are of particular significance to educators, who are frequently compelled to make use of study materials, not always readily available in textbooks. With the rise of the Internet and a world of ubiquitous and instantaneous communications, revolutionary shifts are taking place in terms of how intellectual property is sold, used and distributed. This created an “electronic sieve”, which not only confronts us with problems concerning copyright, but is also linked to questions concerning privacy and freedom of expression. Against this background, this paper argues that it has become increasingly necessary for educators, scholars and publishers to find potential common ground solutions, the best of which probably lie in the domain of “fair use” and digital rights management. Such a common solutions approach invites new perspectives on the old models of IP protection, as well as the controlled “sharing” of new knowledge and the promotion of science and technology.

Keywords:

• e-education
• cyberspace
• copyright
• digital rights management
• fair use