Copyright and information service provision in public university libraries in Kenya
| Published date | 13 August 2018 |
| DOI | https://doi.org/10.1108/LM-07-2017-0067 |
| Pages | 375-388 |
| Date | 13 August 2018 |
| Author | Salome W. Mathangani,Japheth Otike |
Copyright and information service
provision in public university
libraries in Kenya
Salome W. Mathangani
Department of Information Science, Kenya Methodist University,
Nairobi, Kenya, and
Japheth Otike
Library, Records and Information Sciences, Moi University, Eldoret, Kenya
Abstract
Purpose –Copyright law supposedly brings a balance between copyright owners and information users as a
way of creating a harmonious relationship. The purpose of this paper is to examine the relationship between
Kenya’s Copyright Act and the provision of information services in public university libraries in Kenya.
Design/methodology/approach –The study was informed by both the organization theory and the social
systems theory which, respectively, provided a base for discussion on the library and its basic functions, and
an interdisciplinary approach that accommodate library services and law. Data were collected from a sample
of 77 librarians from public universities libraries, and analyzed using the qualitative method.
Findings –The study established that librarians were reasonably aware of the copyright Act. However, they
were apprehensive and uncertain about copyright effect on the library. Evidence from the study showed that
librarians needed to extend their knowledge and understanding of the copyright law for the effective
provision of information services. The paper concludes that there is scope for librarians, using their wealth of
knowledge and expertise, to make relevant and useful suggestions on copyright. Such contribution would
assist in bringing harmony in the use of copyrighted materials.
Originality/value –These findings are original and will be useful in giving general direction on copyright.
The study highlights the important issue of universities as parent institutions providing needed leadership in
the copyright area.
Keywords Libraries, Copyright, E-resources’, IRRO, Licenses, Photocopying
Paper type Research paper
Introduction
Albitz (2008) defines copyright as the protection that law gives to the owners of artistic
creations including books and other print materials, music recordings, photographs,
paintings, films, technological-based works like computer programs and software. Other
writers refer to copyright as a universal concept that seeks to promote intellectual
creativity by giving encouragement to authors of literary works such as textbooks,
reference books, journal articles, novels and computer packages among others
(Crews, 2008; Burrell and Coleman, 2009). Copyright and the privileges associated to it
havealonghistorygoingbacktotheearly15thcentury.Thencopyrightwasregulated
and controlled by private bodies among them printers until 1710 when the first law to
provide for government control over copyright was legislated in England through the
Queen Anne Statute. This marked the beginning of modern copyright law and shifted
control from printers and vested it on the authors.
Historically, and also by definition, copyright, therefore, emerges as a component of the
propertyownership conceptas provided for under Article27 (2) of the UniversalDeclaration of
Human Rights (UDHR) which states that: “Everyonehas the right to the protection of the moral
and materialinterests resultingfrom any scientific,literary or artisticproduction of which he is
the author”(United Nations. General Assembly, 1948) and the subsequent incorporation
into national constitutions (see for example Constitution of Kenya Article 40 (1) (a)). Basing on
Library Management
Vol. 39 No. 6/7, 2018
pp. 375-388
© Emerald PublishingLimited
0143-5124
DOI 10.1108/LM-07-2017-0067
Received 20 July 2017
Revised 16 April 2018
Accepted 16 April 2018
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/0143-5124.htm
375
Copyright and
information
service
provision
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