"The first section in this paper examines the barriers to access to learning materials faced in the Southern African Customs Union (SACU), analyzing the responsibility of intellectual property legislation within the complex structure of systems that are consequential to consumers and learners. In th ... e second section the authors remind us that the informal economy in knowledge goods is an access mechanism, prompting a conceptual consideration of the phenomenon of piracy, and then, through a case study in Uganda, they suggest possible policy lessons. The third section frames the environment described in the first two sections in a survey of intellectual property law in SACU member countries, and audits the limitations or exceptions available within the law, in the light of those that may be made use of, as a consequence of access to learning materials. The authors conclude that currently “neither does copyright legislation in SACU countries make significantly positive provisions for access to learning materials, nor does it take full advantage of the flexibilities provided by TRIPs. Ironically, it is precisely in this disabling legal environment that the SACU countries are being asked – by domestic and international publishing industry lobbies – to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a context that offers few alternatives." (Hans M. Zell, Publishing, Books & Reading in Sub-Saharan Africa, 3d ed. 2008, nr. 1802) more

"The important balance between access to copyrighted works and protection for authors is vital for developing countries and LDCs. Despite provisions for limitations and exceptions to the rights granted to authors/ owners of protected works, the WIPO treaties represent minimum standards from which co ... untries can deviate only by providing greater rights than required as the United States has done under the DMCA. The maximalist approach to interpreting the available scope of permissible limitations and exceptions is reinforced by the similarities between TRIPS Article 13, and Articles 10 and 16 of the WCT and WPPT. The similarities suggest that it is not improbable that interpretations of the Internet treaties can be influenced by the ideology of the TRIPS Agreement. Consequently, public welfare interests will require explicit limitations and exceptions that at a minimum facilitate access and use of digital works for study, research, and educational purposes." (Executive summary, page 2) more