Rationale of copyright exemption and limitation in teaching and learning in Universities: A comparative study of Kenyan and Ghanaian copyright act

Abstract

Kenyan copyright Act was passed by Parliament in 2001. It came into force in February 2003. In addition to the minimum standards of protection required by international conventions, the new law sets out stronger administrative structures and enforcement mechanisms. The implementing Regulations were passed in 2005.Conversely; copyright legislation in Ghana is the Copyright Act 690 of 2005. It came into force on 17 May 2005. The Act seeks to bring Ghana’s copyright regime in line with its assumed international obligations under the WTO TRIPs Agreement. Subsequently, important role of exceptions and limitations to improve the welfare of society, which matters not only for uses but for creators as well, by encouraging creativity and promoting dissemination, are recognized by the international copyright system. The need for balance between rights and access within the international context is paramount. The exceptions pertaining to educational activities exists in various forms ranging from the generic fair use or fair dealing exceptions or even residual exceptions based on the threestep test. Kenya .This paper seek compare copyright Exemptions and Limitations in the Kenya copyright Act, 2001 and the Ghana Copyright Act 2005, with aim of highlight the extent to which they support teaching, learning and research in universities. Its main research methodology is predominantly reliance on secondary data to portray a clear picture of copyrights acts in these two countries.