This is a South African case in which some kind of justified divergence on the use of cyber-digital copyright protected material of the author referred to as 'fair-use' exists. What exactly is it and to what extent fair-use should be considered fair according to the 'fair-use doctrine'? What may be the concomitant permissibility between cyber-law of copyright protection and fair-use defence? Is it treated on the basis of take-it-or-leave-it or is it a win-win situation? What does our law say about this? In order to answer these questions, this study focused on the effect of cyber-law of copyright on South African academic and research institutions. The study covered topics that include how cyber-law of copyrights has changed access to works. It will also indicate what the effect of legislation is (or the lack thereof) on fair-use vis-à-vis the copyright protection, all of these being exposed to management of cyber-copyrights at the said institutions. Apart from a short synopsis on the conflict, de minimis copying (copying small) and substantial taking, it finally, also reflects, based on this theory, the fundamental conflict theme as envisaged and propagated between both the copyrights and fair-use contradistinction. In order to realize all these, the research will also look into ways of circumventing the possibility of infringement by not only extensively examining, through hypothetical scenario, cyber-law of copyrights protection, but also examining the fair-use defence. Empirical research in the faculty of Information and Communication Technology of Universities of Technology has also been conducted. The Study thus concludes by illuminating that as the IS researchers fare with the impression that copyrights law is, to some extent, only limited to printed and not digital information, the IS researchers, as are not legal experts, need some form of legal orientation on the interpretation of copyrights law in order to promote IS scholarship.
M. Tech. Business Information Systems Tshwane University of Technology 2011.
c2011 Tshwane University of Technology.
Lehobye, Nafta Mokate.
Kekwaletswe, Ray M.
Dissertations, Academic -- South Africa.
Computer networks -- Law and legislation -- South Africa.
Internet -- Law and legislation -- South Africa
Management information systems.
Cyber-law of copyright protection and the fair-use of doctrine : a conflict theory approach for the information systems researchers