TABLE
OF CONTENTS
Title Page……………………………………………………………………………………………….. i
Approval
Page………………………………………………………………………………………… ii
Certification
Page……………………………………………………………………………………. iii
Dedication………………………………………………………………………………………………. iv
Acknowledgement ………………………………………………………………………………….. v
Table of Contents ……………………………………………………………………………………. vi
List of Table …………………………………………………………………………………………… viii
Abstract …………………………………………………………………………………………………. ix
CHAPTER ONE:
INTRODUCTION
Background of the Study ………………………………………………………………………… 1
Brief History of Academic libraries in Edo State………………………….. 7
Statement of the Problem…………………………………………………………………………. 15
Purpose of the Study ………………………………………………………………………………. 16
Research Questions …………………………………………………………………………………. 17
Significance of the Study…………………………………………………………………………. 17
Scope of the Study …………………………………………………………………………………. 18
CHAPTER TWO: LITERATURE
REVIEW
Conceptual Framework of copyright law………………………………. 20
Concept of Academic Libraries ………………………………………………………………… 25
The need and importance of copyright law………………………………. 26
Library Practices and copyright law……………………………………….. 28
Copyright awareness and application in academic libraries……….. 32
Problems of copyright law application in libraries………………………. 39
Strategies to enhance copyright application in libraries …………………. 44
Review of Empirical Studies…………………………………………………………………….
46
Summary of Literature Review ………………………………………………….. 50
CHAPTER THREE: RESEARCH
METHOD
Design of the Study…………………………………………………………………………………
52
Area of the Study …………………………………………………………………………………… 52
Population of the Study……………………………………………………………………………
53
Sample and Sampling Technique……………………………………………. 53
Instrument for Data Collection…………………………………………….. 53
Validation of the Instrument ……………………………………………………………………. 54
Method of Data Collection……………………………………………………………………….
55
Method of Data Analysis …………………………………………………………………………. 55
CHAPTER FOUR: RESULTS
Research Question 1………………………………………………………………………………..
56
Research Question 2 ……………………………………………………………………………….. 57
Research Question 3………………………………………………………………………………… 58
Research Question 4………………………………………………………………………………… 59
Research Question 5………………………………………………………………………………… 61
Summary of Major Findings……………………………………………………….. 63
CHAPTER FIVE: DISCUSSION OF FINDING
RECOMMENDATION AND CONCLUSION
Discussion of Findings……………………………………………………………………………… 65
Implications of the Study…………………………………………………………………………
71
Recommendations of the Study………………………………………………………………..
74
Limitation of the Study……………………………………………………………………………. 75
Suggestions for the Study…………………………………………………………………………. 75
Conclusion …………………………………………………………………………………………….. 75
References ……………………………………………………………………………………………… 77
Appendix I …………………………………………………………………………………………….. 81
Appendix II…………………………………………………………………………………………….
Appendix III……………………………………………………………………………………………
Appendix IV……………………………………………………………………………………………
LIST
OF TABLES
Table
- Mean Response of Librarians level of awareness 42
- Mean response of librarians on the levelof application of copyright
- law N= 50 43
- Percentage response on the academic librarians’ practices that constitute infringement on Nigerian copyright law. N= 50 44
- Mean response of librarians on the aspects of the Nigeria copyright law that constitute problem to academic libraries at the level of Implementing N= 50 46
- Mean response of strategies librarian could adopt to enhance copyright application N= 50 48
ABSTRACT
The study was
conducted to investigate the librarians’ awareness and application of copyright
law in academic libraries in Edo State. A descriptive survey design was adopted
in carrying out the study. The totoal
population for this study was fifty nine (59) academic librarians. Five
research questions guided the study. Instrument for data collection was
questionnaire. A total of fifty nine (59) copies of questionnaire were
distributed to the librarians, out of which 50 copies were duely filled and
found valid returned, representing 84.7%. Data was analysed using frequency
tables, simple percentages and mean scores. From the analysis, the findings
revealed that librarians in academic libraries in Edo State are aware of the
copyright law and as well have working knowledge of the law. The result showed
that librarians on the average duplicate more than three copies of scarce
materials held in their libraries and that libraries do not destroy reproduced
materials for educational purpose before the end of the prescribed period of
one calendar year academic, libraries in Edo State do not engage in cooperative
acquisition, that cooperative acquisition tend to cut down subscription and
cost of acquisition of library materials. The study discovered that the
Nigerian copyright law has not provided adequate guidelines to aid librarians
in implementation of the law, and that the copyright law is ineffectual by the
slow and expensive litigation process. From the findings of the study it showed
that inclusion of copyright information in library orientation lectures for new
students and inclusion of copyright law and other legal issues in librarianship
curriculum are necessary. Based on the research findings, it was recommended
that the Nigerian Copyright Commission and law Reform Commission should
consider giving powers to libraries to enforce certain aspects of the law,
people waiting to copy copyrighted works should be made to fill copying request
forms, these forms must bear “copyright warning”. The study also recommended that
copies of the law should be made available to all libraries by the Nigerian
copyright Commission or their prices should be subsidized to the barest minimum
for libraries to acquire, copyright information should be included in library
orientation lectures for new students to create awareness and consequently
motivate compliance. The study concluded that institution libraries should be
well funded to be able to acquire relevant and sufficient books and journals to
meet the needs of the users.
CHAPTER ONE
INTRODUCTION
Background of the Study
Academic
libraries are libraries that are established and attached to academic
institutions such as universities, polytechnic, colleges of education. The
major purpose of establishing academic libraries is to support teaching and
research in the parent institution. They serve the students, lectures,
administrative members of the communities as well as others Omekwu and Ugwuanyi
(2009). They added that academic libraries are unique among other libraries
because its emphasis is more in research more than teaching and learning. Their
collections are based on the academic programmes of their parent institutions
which is geared towards achieving institutions objectives. According to Aliu
(2009) academic library is an important intellectual resource of the academic
community and helps to fulfill the curriculum requirements and promote studies
and research. The library according to Igbinosa and Idiodi (2002) caters for
the information needs of the community, through the provision of reading
materials for the various programmes of the institution.
Writing
on the importance of academic library, Edoka (2000) opined that the direction
and the extent of the functions of academic library are largely determined by
the nature of academic programmes of the parent institution. He noted that the
obligation of an academic library is to provide appropriate information
resources for study and research to the members of its own institutions.
Ajibero (1995) documented that academic library is the “heart” of an
institution. He contended that what all academic libraries have in common,
virtually regardless of country or history is their basic position, roles, aims
and obligations. According to him the reputations of these libraries depend
highly on the library services it offers its clientele in terms of information
resources. As information and research resources become more varied, it places
a challenge on academic libraries. In line with this Hazen (2000) opined that
the changes in the nature of information, in research strategies, and in
structure of higher education are affecting academic libraries. These changes
according to him define much of the shifting context within which academic
libraries must operate.
Elaborating
on the importance of academic libraries, Ekere in Diogu (2011) noted that it is
an objective which is achieved through a systematic acquisition and
organization of all forms of recorded information in all fields pertinent to
goals of the institutions. He added that this can be realized by making such
information available to the members of the academic community and other
scholars engaged in research and scholarship. Academic libraries are unique
because of resources they stock ranging from books, monograph, journal,
reference sources and other non print materials. These library resources,
books, journals are covered by copyright law.
Copyright
law is an exclusive right by which creators of intellectual property such as
literary works, musical, artistic and sound recordings are protected. It spells
out the conditions under which copyrighted materials could be used. According
to Iyorwuese (1990) the law reserves the sole right of the property in the
producer and any attempt to reproduce or copy for any unauthorized or
commercial purpose without express permission of the producer is a criminal
offence. It entails the power an author has under the law to determine how his
work is used. In other words, the reproduction of an author’s work either in
its original form or any other form whatsoever is unlawful without the express
permission or authorization of the copyright owner (author).
The
copyright Act 2010 recognizes six broad areas of work eligible for protection
as provided for in section one namely;
- Literary works
- Musical works
- Artistic works
- Cinematographic films
- Sound recording
- Broadcast.
Although there are
ancillary rights often termed as neighbouring rights which are also protected
under the law, the focus of this study will be on these specific rights as
contained in section one as listed above. Works are not automatically protected
by law unless they satisfy two requirements. These requirements are as follows:
- It must be proved that sufficient effort
has been expended on the making of the work to give it an original character.
- The work is in a fixed or tangible form
from which it can be perceived, reproduced.
The
philosophy behind copyright work is the reward of industrial diligence and
talent: tested in copying and reproduction of existing works unlawfully or
corporate bodies Odion and Ogba (2010). Copyright can be infringed by
individuals, organization. Such as broadcasting, publishers and libraries which
stock and make use of all works covered by copyright law. Copyright
infringement entails reproduction and duplication of literary works without
permission of the author(s). This is anchored on the provisions of section 15
of the Act.
However,
for infringement to be actionable, it must be established that the act of
violation is against the statutory intendments of sections 2,3 & 10 of the
copyright Act, which provisions covers
the investment of rights over works which qualify for copyright protection. It
must be shown that all or substantial parts of the work have been copied for
there to exist an infringement. Infringement can be knowingly and unknowingly
done in the day-to-day activities of the library.
Librarians
render immense services to their clienteles such as photocopying of books,
journals, duplicating of audio\ visual sound works and as well as exchange of
information sources with other libraries. It is not clear whether librarians
are aware of the copyright law and apply the law while performing their
professional duties.
Awareness
according to new Webster’s comprehensive dictionary defines awareness as
possessing knowledge, conscious, lognisant of something. To be aware means to
have knowledge or an idea of something, somebody, an event, a place or
information that one needs. In this context, it refers to having the knowledge
of the copyright law. Awareness on the application of copyright law thus
indicate librarians understanding the provision of the law hence will make
librarians to avoid breaching the law while performing their professional
duties. It is expected that if librarians are aware of the laws they should be
able to apply the law adequately in the course of discharging their duties to
their clienteles.
Libraries
enjoy a lot of concession from copyright regulation; the use of which is
considered ‘fair dealing’. Black’s law Dictionary defines, fair dealing’ as a
privilege in other that the user of the copyright material can use it in a
reasonable manner without the owner’s consent notwithstanding the monopoly
granted to the owner. Fair use or fairs dealing is an exception to the
copyright law which the Act provided so as not to make it difficult for the
users of creative works for whom they are made to take full benefit of the
work. The essence of fair dealing is to allow researchers or students to
reprint or quote portions of intellectual property if they are compatible with
the fairs practice.
The
Nigerian copyright law CAP C 28 2010 section 6(1) of the second schedule created a number of
statutory exceptions to libraries against copyright control. These include.
- The doing of any of the acts mentioned in the said section 6 by way of fair dealing for purpose; of research, private use, criticism or review or the reporting of current events, subject to the condition that, if the use is public. It shall be accompanied by an acknowledgement of the title of the work and its authorship except where the work is incidentally included it a broadcast;
(h) any use made of a work in an approved educational institution for the educational purposes of that institution, subject to the condition that. If a reproduction is made for any such purpose it shall be destroyed before the end of the prescribed period or if there is no prescribed period before the end of the period of twelve months after it was made.
(k) any use made of a work by or under the direction or control of the Government, or by such public libraries, non-commercial documentation centers and scientific or other institution as may be prescribed, where the use is in the public interest, no revenue is derived there from and no admission fee is charged for the communication, if any, to the public of the work so used.
(q) The making of not more than three copies of a book (including a pamphlet, sheet music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such a book is not available for sale in Nigeria.
These
privileges granted to libraries under the principle of fair dealing are to make
information free, accessible and available to users who are in dire need of
information resources. It is expected that libraries are to work and apply
these provisions in discharge of their statutory duties. When librarians work
contrary to these provisions offence of copyright infringement is deemed to
have occurred. The librarian /library that commit such an offence is tantamount
to be sued for the breach of the law in line with section 15 of the copyright
law. According to the law affected author(s) whose material(s) was reproduced
beyond the limit of the law will be entitled for damages if he/she sues.
Books
and other library materials are in short supply, with a high proportion of
books needed to promote scholarship and research at tertiary level of education
being imported at prohibitive costs from Europe and United States as emphasized
by Ogunrombi & Bello (1997). They maintained that institution funding for
textbooks and journals has been reduced by the heavy yoke of economic burden
that Nigeria has being experiencing since the mid 1990s. They were of the view
that in order to meet up with the information needs of users librarians often
resort to mass reproduction of library materials which are fewer in number to
meet research and study needs of users
to reduce the incidence of mutilation and or theft of library books and
journals.
The subject of copyright cannot be over flogged taking
into cognizance the economic state of the country characterized by the low
standard of living among members of the country and the high cost of education
(text books, journals and other learning and educational resources). The
Nigerian copyright enforcement still needs a lot of improvement in terms of its
enforcement to reduce piracy and copyright infringement. Most students would rather photocopy literary
materials needed for learning and research instead of buying textbooks in order
to save cost; and these acts of photocopying are not in line with the copyright
law.
Brief History of
Academic Libraries in Edo State
History of the academic
libraries under study will be briefly examined. These libraries are:
- University of Benin Library
- Ambrose Alli University, Ekpoma
- Igbinedion University, Library Okada
- Beson Idahosa University, Library Benin
- College of Education Benin
- Federal Polytechnic Auchi Library
University of Benin
Library
The University of Benin was founded in 1970. It started
as an Institute of Technology and was accorded the status of a full-fledged
university by National Universities Commission (NUC) on Ist July, 1971, legally
bringing into existence a university to be owned by the Mid-Western Region
located in Benin. Following, the subsequent creation of states in Nigeria the
university is in present day Edo State.
The University of Benin library system comprises of the
Main Library and faculty libraries. The library has over 211,000 book volumes
in all the disciplines offered in the University as well as other areas of
human knowledge. There is also a large collection of pamphlets, non-book
materials, microforms, audio visual materials etc. the library has back-files of
344 journal titled and presently subscribed to 172 titles.
The university library was named after Professor John
Harris. He was the vice-chancellor of University of Benin at the same the
University Librarian. His administration was regarded as the era of
consolidation because the university witnessed a great development in all
ramifications and that of the library reached the climax during his period.
John Harris library has the goal and target of acquiring,
processing, storing, retrieving and dissemination of valuable materials to
support teaching, learning and research needs of the staff, students and
researchers of the University community. John Harris library (the main library)
has a sitting capacity for 700 readers at time and about 60 carrels for faculty
staff and research students.
The new library extension building stands imposingly on
the left wing of the main library build and linked by a workway on the first
floor. It has a sitting capacity for about three thousand (3000) readers at a
time. It also homes the Donald Patrick E-learning Centre Donated by the
Abubakar Tafawa Balewa Memorial Trust Fund. It is equipped with fifty (50)
computers and its own bandwidth. It is opened for twenty four hours for reading
and internet browsing. The library has been organised to cater for both
undergraduate and post-graduate studies.
The university has embarked on the establishment of
faculty libraries to bring reading materials nearer to the students. Thus far
seven faculty libraries are functional. These are;
- Ekehuan Road Campus library mainly for
fine and Applied Arts and Institute of Public Administration and Extension
Services.
- Medical Sub-Library
- Law library
- Pharmacy Library
- Agriculture
- Education
- Engineering Library
These faculty libraries
are located in their various faculty buildings providing reading and
photocopying services. All the faculty libraries have been networked with 15
internet points each for internet access.
University of Benin has student’s population
of about 30159 that the library serve.
Sources:
University of Benin Orientation brochure 2012/2013 session
Ambrose Alli University
The Ambrose Alli University,
(formerly Bendel State University) and later (Edo State University) was founded
in 1981. Its establishment was a response to the increasing need for an
institution of higher learning to absorb thousands of the former Bendel State
Students who, though basically qualified, could not again admission into the
Federal Universities in Nigeria. At its inception the University operated a
collegiate system and later faculty system. As at present there are eleven
faculties and several departments.
Ambrose Alli University
Library
From available records and through
the interviews conducted with some officers who were on ground during the
formative years of Ambrose Alli University the year 1982 appears to be a
convenient starting point to begin the brief survey of the birth and growth of
Ambrose Alli University Library system. It was at the end of the year 1982 that
the university Librarian was appointed. The period between the University
Librarian’s assumption of office and when the library opened its doors to
students was purely exploratory.
This main library has the following outreach libraries:
Law library, the Clinical Student
