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Program on Information Justice and Intellectual Property

A Right to Research in Africa?

UNIVERSITY OF CAPE TOWN | 26-27 JANUARY 2023

Image Caption
Copyright Events, January 2023

Agenda

January 26, 2023

09.00    Welcome and Introductions

Prof. Tobias Schonwetter, Director, Intellectual Property Unit, University of Cape Town
Dr. Carlos Correa, Executive Director, South Centre

  • Each panel will be led by a moderator who will ask each panelist to comment for a maximum of 5-6 minutes on a first question or two (noted below). A roundtable discussion will then allow each speaker and the discussants to add additional issues to the discussion.

09.30:    Session 1: After the Fires: Digitising our Heritage

  • The collection, protection, and preservation of African historical records and rich cultural heritage are key custodial functions of libraries, archives, and museums. African special collections and unique cultural heritage artifacts need special care as they are at risk of loss or damage due to fires, such as those in Cape Town in recent years. This session will highlight the importance of cultural heritage for African countries and for research, and the obstacles that copyright law presents for digitisation programmes. It will also highlight important projects in Africa that have managed to digitise their collections, despite copyright restrictions.
    Chair: Prof. Dick Kawooya, School of Information Science, U. of South Carolina
    Director, Black Stripe Foundation. Co-Founder ReCreate South Africa
  • What was the impact of the UCT fire on preserved collections of potentially copyrighted material? How did South Africa’s copyright exceptions help or hinder the effort and what might be the impact of the CAB?
    Nikki Crowster, Director of Information Systems, UCT Libraries
  • How does copyright and its exceptions facilitate the role of legal deposit libraries?
    Mymoena Londt, Library of Parliament, South Africa
  • How can we preserve and protect African Heritage through Digitisation?
    Mutanu Kyany'a, African Digital Heritage, Kenya
  • What are the copyright barriers to digital preservation through Wikipedia and how does the Copyright Amendment Bill in South Africa help?
    Douglas Ian Scott, Wikimedia South Africa
  • How does the Rock Art Research Institute approach seek to maximise access to photographic documentation of rock art, whilst respecting creative work?
    Mduduzi Maseko, Researcher, Rock Art Research Institute, South Africa

Discussants:
Denise Nicholson, Scholarly Communications and Copyright Consultant.

11.20:  Session 2: Access to Knowledge in Africa: Health, Culture and Artificial Intelligence. 

  • Innovation and creativity in Africa relies on access to creative works from across the continent and the world. But the global knowledge economy is skewed against the global south. In sectors as diverse as health, music and artificial intelligence, how do Africa’s creators and scientists access the materials they need?
    Chair: Kyla Mc Nulty, Record Label Manager & ReCreate Convener
  • Artificial Intelligence Simulation: The Online South African History Database 
    Ben Cashdan, Producer The Big Debate, Director, Black Stripe Foundation.
  • How do African researchers make use of journal articles, health data, and reporting in responding to health crises such as Covid19 and HIV? Are their lessons for copyright from the access to medicines movement?
    Dr Glenda Grey, President and CEO, South African Medical Research Council (SAMRC)
  • How do we ensure that African artists and musicians have access to cultural works whilst being mindful of the problems of cultural appropriation and the challenge of decolonisation?
    Prof. Adam Haupt, Director, Centre for Film and Media Studies, UCT
  • How do artificial intelligence applications rely on text and data mining of copyrighted materials?
    Dr. Andrew Rens, ICT Africa, Senior Researcher, ICT Africa

Discussants:
Kathleen Siminyu, Masakhane, Kenya
Prof. Abdou Beukeu Sow, Head of Documentary Information Department, University of Dakar, Senegal

13.30:  Session 3: Taking Stock: Strengthening the Voices of Africa & the Global South: New Directions in WIPO, AFCFTA and Copyright in Africa. Facilitating science, creativity and innovation.

  • As copyright increasingly deals with core public issues, how do we ensure that African and Global South voices, including indigenous and minority voices are amplified? What legal approaches for copyright enable this? How do legislative changes at the national level affect multilateral policy making in copyright? What opportunities and need for harmonisation arise from the African Continental Free Trade Area agreement? This session, taking stock of the previous discussions in Pretoria and Cape Town, brings together the global, the regional, the national and the local to reflect on a future copyright agenda focused on development, diversity and the public interest.
    Chair: Dr. Viviana Muñoz-Tellez, Programme Coordinator, South Centre
  • Bridging the gap between multilateral and national processes: where are these issues being discussed in international fora?
    Dr Vitor Ido, South Centre
  • How can Africa use human rights instruments to strengthen its right to research and public interest in copyright law?
    Dr Sanya Samtani, SARCHI Chair for International and Constitutional Law, UP
  • What are copyright law approaches countries may use to enable preservation and uses of research materials?
           Prof. Sean Flynn, American University Washington College of Law
  • What processes at WIPO are addressing issues related to copyright user rights, including for preservation, research, and cultural heritage institutions?
    Prof. Dick Kawooya, School of Information Science, U. of South Carolina
    Teresa Hackett, Copyright and Libraries Programme Manager, Electronic Information for Libra
  • What objectives are Africa negotiators pursuing in relation to copyright and research issues in the Africa Continental Free Trade Area Agreement?
    Prof. Caroline Ncube, DSI-NRF SARChI Research Chair: Intellectual Property, Innovation & Development, University of Cape Town
  • How does recognition of the right to research contribute to Africa’s digital transformation?
    Prof. Desmond Oriakhogba, University of Venda

Discussants:
Prof. Tobias Schonwetter, Director IP Unit, Faculty of Law, UCT
Hananai Hlomanu, Researcher IP Unit, Faculty of Law, UCT
Prof. Allan Rocha, Federal University of Rio De Janeiro
Prof. Jeremy DeBeer, University of Ottawa, Centre for Law, Technology and Society

16.50     Final Questions and Closing Statements
17.30     Artists Unite Reception


Friday, 27 January    University of Cape Town    


09.00:    Session 4: Wikipedia Workshop or Edit-athon:
visit the Wikipedia kiosk to help us improve copyright related content on Wikipedia and work with a Wikipedia editor to get it done and learn more about editing the free online encylopedia.

10.30:   Session 4.2: Public Resources Create Public Information | Open data and the importance of open copyright for structured data (databases)

  • Data is becoming an ever more important resource for modern society. Despite this, researchers in South Africa experience difficulties in accessing data to further the public good. Many researchers in South Africa experience great difficulty accessing structured data, what do these difficulties look like and how can they be overcome? This session will try to answer these questions by looking at efforts to track the COVID-19 pandemic in South Africa.
    Chair: Douglas Ian Scott, Wikimedia South Africa
    From Isindebele to Covid19- Public data should be public
    Prof. Vukosi Marivate, Chair Data Sciences, University of Pretoria

Session 5: EIFL R2R Grantee Meeting (Invitation only)
Chair: Teresa Hackett, EIFL Copyright and Libraries Programme Manager

11.20: Session 6: Making the Copyright Amendment Bill work in South Africa: Provincial Hearings in the Western Cape and Other Provinces

  • Over ten years in the making, South Africa’s new copyright law is built around two core principles: Fair Royalties and Fair Use. The journey hasn’t been easy, with opposition from those with an interest in the status quo. The law is supported by a broad coalition of creators and civil society groups. Come to this session to hear more about the CAB and how you can get involved in South Africa and across the world.

14.30:    Visit to Parliament; Photocalls