Calibrating copyright for creators and consumers: Promoting distributive justice and Ubuntu

Ncube, Caroline B.

doi:10.22459/wiwcrc.01.2017.08

Cited by 15 publications

(1 citation statement)

References 3 publications

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“…The non-binary nature of the debate on intellectual property calls for the development of the incentive to innovate theory, and for it to be expanded to reflect the epistemic inquiries of the subaltern. For example, the incentive theory falls short in justifying intellectual property when it comes to works of art that are created for the sake of art and not primarily because of the motivation that the incentive theory offers (Ncube 2017). There are seven attributes that make creative industries unique insofar as the incentive rationale is concerned, and the so-called 'starving artist' argument points to intrinsic motivation to create art instead of financial motivation (Searle & Brassell 2000).…”

Section: Intellectual Property Scholars Should Not Insist On Using the Narrow Lens Of Economic Interests To Construct A Complete Vision Omentioning

confidence: 99%

Morena Mohlomi le Badimo: reading decolonial articulations into the intellectual property law curriculum.

Sindane

2021

JDD

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The Council on Higher Education (CHE) expresses itself cogently in affirming the validity of the calls to specifically decolonise the LLB curriculum. Public discourse and the CHE report present an emerging clarion call for the academy to critically engage the question of decolonisation of the curriculum. This paper proposes Transmodernity as a methodological endeavor towards engaging African epistemologies in an effort to find alternatives in teaching various intellectual property law concepts. To tease out the fundamental decolonial question of how the dismembered can be re-membered, the paper tests the theory of Mohlomism and its applicability to the intellectual property law curriculum. Mohlomi was a mentor to the king of the kingdom of Lesotho, Morena Moshoeshoe I. He would travel around Southern Africa teaching society about his philosophy of truthfulness, justice, peace, the love of man and for sane humanism. Re-membering the Being of the proverbial “other”, reverses the effect of the prevailing legacy of epistemicide in the curriculum and may gradually lead to a transformed legal pedagogy. The paper discerns decolonisation as a project that inter alia seeks to create a pluriversal intellectual community that embosoms the epistemic traditions of the global South.

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Section: Intellectual Property Scholars Should Not Insist On Using the Narrow Lens Of Economic Interests To Construct A Complete Vision Omentioning

confidence: 99%

Morena Mohlomi le Badimo: reading decolonial articulations into the intellectual property law curriculum.

Sindane

2021

JDD

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The Right to Research in Africa: An Overview of the Context and Issues for Consideration

Oriakhogba

2023

SpringerBriefs in Law

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Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

Beiter

2024

Kreation Innovation Märkte - Creation Innovation Markets

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The lack of works for educational and cultural literacy purposes in their own languages threatens the cultural survival of many vulnerable minority and indigenous groups worldwide. Translation could satisfy related access needs. A strict reading of international copyright law, however, does not facilitate the translation of works into other languages. Yet, it is often forgotten that, in accordance with the integration rule of treaty interpretation, the Berne Convention, and other relevant international intellectual property instruments, would have to be read in the light of internationally protected linguistic human rights in education and for cultural literacy. This mechanism could go some way towards assisting the easier translation of (parts of) works for the stated purposes into other languages. The argument made in this article, however, is that a harmonious reading of existing international copyright law with international human rights law cannot go as far as to sufficiently resolve the access needs of vulnerable groups speaking an endangered language, insofar as translated texts are concerned. In fact, it is contended that the existing regulation of translation under international copyright law is so inimical to the survival of vulnerable groups and their languages that it must be held to promote cultural or linguistic genocide. For that reason, the relevant copyright rules must be considered to conflict with ius cogens, that is, peremptory norms of international law, and to be void in their application to neglected languages. The article makes suggestions as to how countries could design national copyright law regulating translation rights and limitations and exceptions in a way that facilitates translation generally, and into neglected languages specifically. These suggestions are based on a reappraisal of the true character of translation, which must be seen to be highly transformative in nature and resulting in the creation of autonomous new works.

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Calibrating copyright for creators and consumers: Promoting distributive justice and Ubuntu

Cited by 15 publications

References 3 publications

Morena Mohlomi le Badimo: reading decolonial articulations into the intellectual property law curriculum.

Morena Mohlomi le Badimo: reading decolonial articulations into the intellectual property law curriculum.

The Right to Research in Africa: An Overview of the Context and Issues for Consideration

Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide

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