Introduction
Copyright law plays a crucial role in regulating the distribution and protection of creative works, but its impact is not uniform across the world. In the Global South, the challenges posed by copyright law are particularly significant, often hindering access to knowledge and limiting opportunities for development. The high costs of copyrighted educational and research materials, combined with the dominance of large corporate players, have created a divide that leaves many communities in the Global South struggling to access critical resources. At the same time, international agreements like the TRIPS Agreement and the Berne Convention, while providing a global framework for copyright protection, often fail to address the unique needs and challenges faced by developing nations. This article explores the challenges of copyright law in the Global South, the role of international agreements, and strategies to bridge the knowledge divide, with a particular focus on the transformative potential of initiatives like the Marrakesh Treaty, the WIPO Development Agenda, and landmark cases like the Delhi University Photocopy Case.
Access to Knowledge
For many developing countries, access to educational and research materials remains an uphill battle. The high costs of copyrighted academic journals, textbooks, and other resources—largely produced in the Global North—create a glaring divide in global knowledge equity. These financial barriers hinder students and researchers in resource-constrained settings, leaving them struggling to compete on an equal footing with their wealthier counterparts. The Delhi University Photocopy Case underscores these challenges. In this case, publishers like Oxford University Press, Cambridge University Press, and Taylor & Francis sued a photocopy shop licensed by Delhi University for producing course packs for students. The course packs included excerpts from textbooks that were otherwise unaffordable for most students. The Delhi High Court ultimately ruled in favour of the photocopy shop, emphasizing that educational institutions and their stakeholders must have access to affordable learning materials. This case set a precedent for interpreting copyright law in a manner that prioritizes public interest and educational equity, showcasing how localized solutions can bridge the knowledge divide.
Corporate Giants and Knowledge Restriction
The dominance of large publishing houses and media companies often deepens this divide. These entities leverage copyright laws to maintain strict control over content distribution, frequently prioritizing profit over public interest. For underprivileged communities in the Global South, this translates into limited access to affordable learning materials, perpetuating educational inequities and stifling local innovation. The Delhi University Photocopy Case serves as a reminder of how corporate control over copyright can clash with the right to education. The case highlighted the tension between profit-driven copyright enforcement and the needs of resource-strapped educational institutions in developing countries.
Role of International Agreements
Balancing International Standards and Local Needs while international agreements strive for harmonization, they must also recognize the disparities between developed and developing nations. Incorporating broader exceptions for education and public interest within these frameworks is essential to empower the Global South to use copyright laws as instruments for equitable development.
Strategies to Bridge the Knowledge Divide
Conclusion
The challenges posed by copyright law in the Global South underscore the need for a paradigm shift—one that prioritizes access, equity, and public welfare over rigid enforcement. International agreements like the Marrakesh Treaty and landmark cases like the Delhi University Photocopy Case demonstrate how copyright frameworks can evolve to address the realities of developing nations. By integrating inclusive policies at both national and global levels, copyright law can transform into a catalyst for empowerment. Bridging the knowledge divide demands a concerted effort to align legal frameworks with the developmental aspirations of underprivileged communities, ensuring a future where education and innovation thrive unimpeded by financial or structural barriers.
Written by Debapom, an Assessment intern at Intepat IP.