LIBRARIANS’ AWARENESS AND APPLICATION OF THE COPYRIGHT LAW IN ACADEMIC LIBRARIES IN EDO STATE OF NIGERIA

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;

(a) Literary works (b) Musical works (c) Artistic works

(d) Cinematographic films

(e) Sound recording

(f)  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:

(1)    It must be proved that sufficient effort has been expended on the making of the work to give it an original character.

(2)    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.

(a)  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:

1. University of Benin Library

2. Ambrose Alli University, Ekpoma

3. Igbinedion University, Library Okada

4. Beson Idahosa University, Library Benin

5. College of Education Benin

6. 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 Students’ Library at  Irrua Specialist  Teaching  Hospital,  Irrua,  Data  Room at  the Department of Architecture, and the Accounting Library at the Department of Accounting. In the  same  way some  other  Faculties  also  have  their  departmental libraries.

The library materials are acquired at the following four levels: undergraduate, Post-graduate and research, light reading and specialized information. The annual rate of acquisition is between 8,000 and 10,000 volumes of books and 300 current periodicals. There are about 100,000 volumes of reading materials. Currently, the library has 1,500 seating capacity. The university has Cyber café which is housed in the University Library from where students and  lecturers can avail themselves of internet services in addition to physically accessing the library. The library collection

development is achieved through book purchase, donations and gifts. Besides, our library enjoys a Depository status from the United Nations. Donor agencies like Book Aid International, Education Tax Fund (ETF), defunct, Petroleum Tax Fund (PTF) and Nigeria Universities Commission (NUC), etc, offer aid to the library.

The school has a students population of about 23000. Source: Ambrose Alli University students, handbook 2011

Igbinedion University, Okada

On April 20, 1999, the Federal government of Nigeria granted approval for the establishment of private University, owned by Sir Gabriel O. Igbinedion the Esama of Benin Kingdom. The university is located at Okada. The university runs collegiate System. Presently the university has nine colleges. There are;

College of Arts and Social Sciences College of Business Management Studies College of Health Sciences

College of Law

College of Natural and Applied Sciences

College of Engineering College of Pharmacy College of Medicine College of Agriculture

The Igbinedion University library systems comprises of the main library and two other libraries one is attached to college of law and the Medical library at the college of medicine. The library (main) has a good stock of local and foreign books

and  journals and  non-book materials,  fully air  conditioned. The  university has  a students of population at about 8, 000. The objectives of the University library include among other things;

i.          To  provide  materials  for  teaching,  learning and  research for  staff and students.

ii.        To ensure easy retrieval of information through a well organised system.

iii.       To provide other library services such as inter-library loans, reprography and binding services etc.

iv.        There is no available record to show total numbered volumes a book and journal titled in the university library.

Source: Igbinedion University Student’s guide 2012

Benson Idahosa University, Benin

The Benson Idohosa University (BIU) was founded in 2002. It is a private university owned by Late Archbishop an Benson Idahosa, of Church of God Mission, Benin. The University is situated at Ugbor Oredo Local Government, Edo State. The University has five faculties. These faculties are;

Faculty of Law

Faculty of Arts and Education

Faculty of Social and Management Sciences Faculty of Basic and Applied Sciences Faculty of Agriculture and Technology

The University Library Systems Comprises of the main library and a separate library for the faculty of law. The library has about 49,000 volumes of books and 167 journal

titles. In addition has an e-library. The university has a student population of about

12,000.  The  goal  of  the  library  is  to  provide  materials  to  support  the  laudable academic programmes of the university.

Source: Benson Idahosa University Student handbook 2012 session.

College of Education Ekiadolor-Benin-City

The college library started in 1979 when the college (then known as Advance Teachers college) was founded at Iyaro by then Executive Governor of Bendel State, Late Professor Ambrose Alli, in 1989, when the college was re-located to Ekiadolor, the library was moved to its present site. The college is owned by the Edo State Government.

The  library  has  about  40,000  volumes  of  books,  53  titles  journals  and thousands of students projects from various Departments in the colleges Most of the Library stocks are print materials, while the majority of the books are in the shelving areas of the library, some are kept in the office of the Dean of the various schools. These schools are;

    School of Art and Social Studies

    School of Language

    School of Science

    School of Vocational and Technical Education

    School of Education

The school has students population of about 7,000.

Objectives of the College Library

The college library endeavours to cater for the educational, recreational and research needs of the college community. Efforts are made towards the fulfillment of the objectives.

      The provide materials that will enrich and support the curriculum, taking into consideration the varied interest, abilities and maturity levels in the college community.

      To provide materials for the teaching and research interests of members of staff and students.

    To preserve library materials for the future generations. Source: COE, Ekiadolor: 2011 Library Handbook

Federal Polytechnic Auchi Library

Federal polytechnic Auchi, was founded in 1955 by the Mid Western/ Bendel government. The federal government of Nigeria later took over the school. It was renamed Federal Polytechnic, Auchi. The library started from the administrative block of the institution has moved into its permanent site. The library has in her collections about 28,000 volumes of reading materials and 50 journal titles. The school has a students population of about eleven thousand. The library has a seating of about 600. The objective of the library is to provide books, journals and other information sources to support the academic programmes of the polytechnic.

Source: The polytechnic handbook 2010

Generally, speaking, all the libraries under study are all involved in duplication and reproduction of  materials  held  in  their  collection  over  and  above  what  the  law

requires. This situation might be as a result of some problems such as inadequate funds to acquire relevant materials meet up with the teaming population of these libraries are serving and ignorant of the provisions of the extant copyright law.

Statement of the Problem

Copyright is the right granted to an individual against reproduction of his intellectual creation or work. A copyright statute is specifically aimed at arresting the practice  whereby person(s)  other  than  the  author take  the  liberty of duplicating, reprinting, reproducing, without the consent of the copyright holder(s).  It is proper and necessary that authors of literary works held in libraries should be protected without copyright protection, authors will be reluctant to engage in the difficult work of writing as a reasonable hope of financial return will be lacking. In the absence of copyright law few people will embark on the exacting work of writing if no restriction exists to  check the  duplication and  reproduction of intellectual materials  held  in libraries which will in effect, minimize possible remuneration due to their works.   In the Nigerian context, there are rules and regulations meant for the protection of the economic and material right of the authors and persons responsible for the intellectual works. Moreso, there are law enforcement agencies, Nigeria copyright commission, anti-piracy committee set  up  to  guard against  the  infringement  of these  relevant legislations, but it appears the laws are still very far from being effective.

Libraries enjoy exceptions from the copyright regulation for the purposes of preservation, research, review and scholarship. The fair use or fair dealing was introduced into the copyright law to help libraries and other educational institutions in their promotion of reading and life-long learning.

Despite these provisions it appears that these literary materials held in libraries are being reproduced without recourse to copyright law. It has not been established whether with the use of modern photocopiers and other information communication technologies  in  libraries  if  librarians  and  users  reproduce  copyrighted  materials outside the jurisdiction rubrics of fair use. It is not also clear whether the Nigeria copyright commission and other related agencies have prosecuted or reprimanded any library for copyright infringement to serve as deterrence to others.

This is an issue of concern which needs a proper investigation. Libraries render immense services to their clienteles such as photocopying of books, journals, duplicating of audio/visual sound works and as well as exchange information sources with other libraries. A question that arises from the above is whether librarians are aware and apply copyright law while performing their duties. This is what the study has attempted to investigate with emphasis on academic libraries in Edo State.

Purpose of the Study

The general purpose of the study is to determine librarian’s awareness and application of copyright law in Edo state. The specific objectives are in follows:

1.  To ascertain the level of awareness of copyright law in academic libraries in

Edo State.

2.  To examine the level of application of copyright law in academic libraries in

Edo State.

3.  To ascertain aspects of academic librarians’ practice that constitute copyright infringement in academic libraries in Edo State.

4.  To   identify  aspects  of  the   law   that   constitute  problem  of   copyright implementation in academic libraries in Edo state.

5.  To suggest strategies to enhance application of copyright law in academic libraries in Edo State.

Research Questions

The study will be guided by the following research questions:

1.  What is the librarians’ level of awareness of copyright law?

2.  What is the level of application of copyright law in libraries?

3.  What  aspects  of  academic  librarians’  practices  constitute  infringement  on

Nigerian copyright law?

4.  What aspects of the law constitute problems for copyright implementation?

5.  What strategies could be adopted to enhance the application of copyright law in libraries?

Significance of the Study

The findings of the study will make a vital contribution to the already existing knowledge and  understanding of copyright  awareness and  application  in  modern library services. The findings of the study hopefully will be of immense benefits to the librarians, students, official of Nigerian copyright commission and government.

The result of the study will make librarians to be aware and conscious of the implications of copyright law and practice their profession without violating the law. It will also help to alert librarians on the proper application of the law in the course of discharging their statutory duties.

For the students it will serve as a guide as they indulge in copious duplication of library resources without necessarily infringing on the copyright law. The result of the study will assist the Nigerian copyright commission to formulate effective and definite policies on reproduction and duplication of intellectual works in libraries and information centres. Such policy should be able to spell out the number of pages, chapters that could be reproduced from a book in libraries. Hopefully, the result of this study would alert the officials of Nigerian copyright commission on the problems of implementation and hence make provisions for improvement.

The  outcome of the  study will alert  the  government on the  need to  give incentives  to  authors  and  grants  to  publishers  to  encourage them  to  have  more publications and to sell them at a moderate prices.

The study will be of benefits to researchers and even librarians who would like to conduct research on copyright related issues. Finally, the finding of the study will provide empirical evidence that could serve as a guide to researchers and librarians in the course of their studies and services.

Scope of the Study

This study investigates librarians’ awareness and application of the copyright law in academic libraries in Edo State of Nigeria. The study will be delimited to copyright awareness, application, aspects of academic librarians’ practices the constitute copyright infringement on copyright law, aspects of the law that constitutes problem at the  level of implementation and suggest strategies to enhance application of  the copyright law. The study is limited to data collected from academic librarians

in all academic libraries in Edo State, namely; university of Benin Library, Ambrose Alli   University Library Ekpoma, Benson Idahosa University Library, Benin, Igbinedion University Library, Okada, Federal Polytechnic Library Auchi, State College of Education, Ekiadolor-Benin.

₦5,000.00 – DOWNLOAD FULL PROJECT DOWNLOAD FULL PROJECT Added to cart

---

---

---

---

---

Related Project Topics :