Abstract

ORIAKHOGBA, Desmond O. State and intergovernmental organisations: Copyright, public domain, and the public interest in Africa. Law democr. Dev. [online]. 2023, vol.27, pp.516-538. ISSN 2077-4907.  http://dx.doi.org/10.17159/2077-4907/2023/ldd.v27.20.

Sta tes and in tergovern men tal organisations (IGOs) in Africa produce and control materials that may be eligible for copyright protection. Thus, some national laws vest copyright in states and IGOs, which may be exercised to prevent access to the information contained in the materials and forestall the promotion of the public-interest objectives as articulated in sustainable development agendas (such as the African Union Agenda 2063). This makes it imperative to examine effective strategies for managing the materials produced and controlled by states and IGOs in order to promote public-interest objectives in Africa. To this end, this article determines whether the materials produced and controlled by states and IGOs are indeed eligible for copyright protection, or whether they constitute public domain resources. If the materials are subject to copyright protection, then, for instance, are claims to copyright by states and IGOs in Africa justifiable, especially given the public-interest objectives articulated in Agenda 2063? What strategies should states and IGOs adopt to manage their materials in the public interest? Reviewing relevant primary and secondary sources in Africa, and drawing useful insights from institutional practices outside Africa, this article unpacks the issues, while X-raying states' and IGOs' materials from two perspectives: works created under their direction and control; and works created independently by third parties but transferred to states and IGOs.

Keywords : access to information; copyright; intergovernmental organisations; public domain; public interest; states; AU Agenda 2063.

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