This is Wella, K Speaking

Evidence Informed Policy Making

2011-03-25T03:31:00.000-07:00

Information availability has greatly improved in Malawi. The is a lot of local content being generated in Malawi. For instance the Health Research Capacity Strengthening Initiative has grants available to researchers in Malawi to do research.

The next step, challenging though, is to have the research inform policy. Realizing that there are skills gaps among policy makers in Malawi, the way to go would be to train the people involved in policy making.

A search for systematic reviews relevant to Malawi on Cochrane Library reveals that not much is available. Malawi needs a national research database which should include full-text research publications and systematic reviews.

International Network for the Availability of Scientific Publications (INASP)is working in this area and ready to collaborate in Evidence Informed Policy Making

PERii's Evidence-Informed Policy Making component (EIPM) works to increase uptake of research in policy making. They work with a range of policy makers and influencers to build the demand for research information. In addition, They work with researchers to improve their ability to provide relevant information to policy makers.

Support for Kamuzu Central Hospital Pediatric Ward Library

2010-08-25T04:48:00.000-07:00

The Pediatric ward at Kamuzu Central Hospital was recently renovated. Looks beautiful!! I was fascinated that now the ward includes a library. It is a beautiful room, however it is poorly stocked. As a librarian, I thought there is something I can do. I have committed myself to collect books from well-wisher and stock the library.

Tomorrow, I am receiving the first box of books donated by Anglia Book Distributors.

I am still looking for more donations for this project. Those willing to assist can e-mail me on k.wella@yahoo.com

eIFL Statement at 20th Session of the Standing Committee on Copyright and Related Rights (SCCR 20) held in Geneva, Switzerland 21st to 24th June 2010

2010-06-24T02:18:00.000-07:00

Thank you, Mr Chairman, for the opportunity to speak on behalf of
Electronic Information for Libraries. This statement is supported by the
International Federation of Library Associations, and will focus on
exceptions and limitations for libraries and education.

In the WIPO study commissioned for this Committee, Professor Xalabarder
states “All works to be used for teaching purposes, either under a
teaching exception or under license, must be obtained from somewhere and
libraries are usually the source to provide the works to be used for
teaching purposes.

Exceptions and limitations increase the use of library collections,
support the research needs of library users, and enhance education. They
are important to libraries everywhere, but they are critical in
developing countries. Education is a priority for governments in Africa,
where many countries are seeking to widen access to tertiary and higher
education. This means using new modes of delivery, including e-learning.
Kamuzu College of Nursing at the University of Malawi, where I work as a
librarian, is piloting an e-learning project with a UK university to
support the delivery of medical, nursing and clinical officer education
in Malawi. If such projects – many of which are cross-border - are to
reach their full potential, we must have exceptions and limitations to
support education and e-learning policies.

We thank the African Group for their appreciation of these issues in
their proposal for a Draft WIPO Treaty on Exceptions and Limitations -
document SCCR/20/11. We welcome the recognition of the role of
libraries, archives, and educational institutions in providing access to
education, culture and information.

In particular, we support provisions that enable libraries and their
patrons to use works for education, research or private study. Although
libraries are part of the education eco-system, many national laws don’t
cater for such uses by libraries, and many more lack provisions for
virtual learning environments.

We support provisions for cross-border uses of print and digital works,
because such uses are currently problematic.

We support provisions so that copyright laws cannot be trumped by
contracts or technological protection measures. It can be difficult and
costly to negotiate terms in licences for provisions that are already in
the national copyright law, a needless waste of scarce resources in a
least developed country.

We have some initial suggestions for clarification, for example, that
the exceptions should apply to other necessary uses such as translation
and communication to the public, but we would like some more time to
carefully examine the proposal in detail.

Distinguished delegates, libraries globally spend billions of dollars on
published materials and databases, mostly funded from the public purse.
Libraries are regulated institutions, and have long been the
intermediary between publishers and library users. We sincerely believe
that our requests are reasonable and proportionate, and necessary for
libraries serving the public interest.

We look forward to discussing the issues to enable libraries to work
effectively in support of knowledge and education. We are ready to share
our professional expertise, and to engage in constructive dialogue with
Member States for effective solutions. We support the holistic approach
as put forward by the African Group.

At the same time, Mr Chairman, the international library community
appreciates the urgent need to address the issue of the book famine for
visually impaired and print-disabled people, 90% of whom live in the
developing world. We fully endorse the timetable for the adoption of a
treaty, as proposed by Brazil, Ecuador, Mexico and Paraguay (SCCR/20/9).
An end to the book famine is long overdue.

Thank you, Mr Chairman.

(delivered by Kondwani Wella on behalf of eIFL.net delegation)

WIPO SCCR20 Day 2

2010-06-22T23:15:00.000-07:00

The second day was eventful for librarians attending SCCR20. The day started with a meeting with the African Group. We are all delighted and wish to sincerely thank the group for recognizing librarians as friends, it was a good start.

I sat in the eIFL sit waiting for a chance to make a statement on behalf of eIFL (by eIFL we mean all libraries in Africa, besides all statements made by eIFL represent the IFLA). The opportunity did not come. However, we hopeful that we will make a statement on the third day. Here, making a statement is called Making an Intervention.

The day also ended on a positive note. Groups presented their proposals on Exceptions and Limitations. There were four proposals on the table. The highlight for libraries was one presented by the African Group. The African proposal focused on exceptions and limitations for visually impaired, education, libraries and archives (SCCR/20/11). This was historic as it was the first time in the history of SCCR that a proposal for libraries was presented. Especially that the African Group welcomed comments, suggestions and advice. They have specifically welcomed contributions from librarians.

Experiences at SCCR 20

2010-06-22T06:52:00.000-07:00

I am privileged to be part of the eIFL.net delegation to WIPO 20th Session of Standing Committee on Copyright and Related Rights taking place in Geneva.

I just want to share some of the lessons I have learnt.

First and foremost I have realized that we are the experts when it comes to library issues; and by extension we are the people who can best represent the interests of computers of copyright protected works. Specifically, the African delegates have great expectations from librarians. They expect us to advise them on exceptions and limitations that are best for Africa (read South African statement here)

We (library group) had a meeting with the African Group in which we expressed our support for their proposal. The group also welcomed contribution of the library group to the betterment of the proposal.

Secondly, people in our (country) copyright offices sing a different song from the African consensus. Some copyright offices in Africa get their funding from their partners from the developed countries. As a result they are forced to promote agendas that are little or no importance to Africa.

Thirdly, there is no straight road at SCCR. In a day you cannot plan your next step. The winds change anyhow and to survive, as a team, you have to learn to adapt quickly. Different groupings have different priorities and they continually seek opportunities to get support for their interests. Obviously, Africa as a group of developing countries has an agenda that might not be a priority for other groups yet the other groups need Africa to achieve their agendas.

Lastly, the policies that are made here are so pertinent to our work in libraries. Being here makes me appreciate more the work done by eIFL.net in lobbying on our behalf.

Technology and Nursing Education

2010-05-18T23:03:00.000-07:00

Technology has transformed our lives. As nurse educators we have phones, laptops, Personal Digital Assistants (PDAs),ipods and many others. Our students too have these gadgets. The students, being technology natives, are able to perform more complicated tasks with their gadgets. Surprising though is the fact that we rarely use these when teaching our students and patients.

The reasons for none use are many. First, technology is intimidating. Most of us are anxious in front of a computer, we do not use most of the functions our Blackberries have. The other deterrent is our internet. Most applications need regular updates. Besides, many nursing colleges in Malawi do not have reliable internet.

Information technology is an important part of contemporary health care delivery. Whilst the literature consistently stresses the need for nursing students to be skilled not only in computing, but to understand clearly the role of technology
in practice, it appears that much of this advice is unheeded.

ACU Digital Libraries Study for Arcadia Availability of, access to and use of academic resources by researchers in Eastern and Southern Africa

2010-02-26T02:41:00.000-08:00

Association of Commonwealth Universities, in collaboration with Arcadia conducted a study to establish usage of e-journals at Chancellor College, University of Malawi.

The purpose of the study was to investigate the use of electronic resources in research and study at University of Malawi, Chancellor College, looking particularly at e-journals, but also at library services more generally. A particular objective was to explore the level and type of research activity at Chancellor College, and the challenges and constraints to this, in order to contextualise e-journal and library use more fully. The case study draws on the comments and experiences of around 53 postgraduates and academics. An initial survey achieved 47 responses, and enabled eight researchers to be identified willing to take part in more in depth observation exercises and group discussions.

A further six interviews were held with senior academics, and additional meetings with library and ICT staff, including the University Librarian and College Principal. A case study visit was undertaken in the week of 25 to 29 August, to work with librarians, meet academic staff and students, and explore facilities first hand.

Similar case studies were conducted in Rwanda, Tanzania and Kenya.

Librarians from these countries, and top offiecrs from ACU (The Association of Commonwealth Universities Dr John Kirkland, Deputy Secretary-General Mr Jonathan Harle, Programme Officer), NASP Ms Sara Gwynn, Director of Programmes Institute of Development Studies, UK Ms Julie Brittain, Head of British Library of Development Studies The Open University, UK Ms Josephine Burt, Library Business Development Manager.

A personal highlight of the meeting is the revelation from ISI data that instant access to full-text of top 20 journals in the African Universities that participated in the study is comparable to that at University of Bristol and Lund University. Noting from the data, the major problem for African Universities (especially those participating in the INASP/PERii project)is not availability of e-journals. The problems these universities need to address are awareness and infrastructure.

CILIPS Student Prizewinners

2009-06-26T04:17:00.000-07:00

Louise Wright, University of Strathclyde and Kondwani Wella, the Robert Gordon University, were presented with the CILIPS bronze medal, awarded for outstanding work in the course of the studies. The presentation took place at the CILIPS Annual Conference and Kondwani's medal was accepted on his behalf by Peter Reid from RGU. Kondwani, who lives in Malawi will be returning to undertake a PhD at RGU later in the year. (http://www.slainte.org.uk/news/newsindex.htm)

Connectivity and Research Dissemination in Malawi (My speech at TERENA Conference)

2009-06-26T02:41:00.000-07:00

I am Kondwani Wella, the College Librarian of Kamuzu College of Nursing here in Lilongwe. Kamuzu College of Nursing was the first home of UbuntuNet Alliance! Here we provide high quality nursing education up to MSc level. Extending learning opportunities beyond our walls through e-learning is an important component of our plans.

As librarians, our work is to assist students, lecturers and researchers to access research information. To achieve this we subscribe to a wide range of electronic journals. The success of the electronic journal service depends on the availability of good connectivity. The challenge that faces most institutions in Malawi is to contribute to Malawi Library and Information Consortium (MALICO) towards electronic journal subscriptions and at the same time buy adequate bandwidth to support the service.

While the international and African electronic journals we subscribe to include research information from Malawi, the strategic direction is for us to create institutional and national repositories. Several Colleges especially in the University of Malawi have started building institutional repositories. While the repositories will improve the visibility of researchers and their institutional, the research information contained therein is an important national and international resource. Therefore, availability of reliable and affordable connectivity will add value to the repositories.

These two examples are demonstrating how reliable and affordable connectivity can influence research in Malawi by improving access to research information. The Malawi NREN, MAREN is working to provide excellent Internet connectivity for the Tertiary Education and Research Sectors in Malawi primarily through the fibre that is coming. MAREN has raised high expectations among librarians, researchers, students and faculty as it builds on the VSAT project implemented by MALICO, which provided connectivity but at a cost beyond the means of the institution.

INASP Meeting in Bangladesh

2009-05-14T00:50:00.000-07:00

The International Network for the Availability of Scientific Information (INASP)'s work focuses on communication, knowledge and networks, with particular emphasis on the needs of developing and emerging countries.
INASP responds to national priorities for:

. Access to national and international scholarly information and knowledge
. Capacities to use, create, manage and communicate scholarly information and knowledge via appropriate ICTs
. National, regional and international co-operation, networking and knowledge exchange
INASP also advises and advocate for improved policy and practice in achieving sustainable and equitable development through effective communication, knowledge and networks.

The meeting, held in Dhaka, Bangladesh was a good opportunity to re-align our thinking towards sustainability of our consortia.

The session on preparing grant proposals was enriching and worthwhile. To be sustainable we need to write grant proposals.

My major highlight of the meeting was case study presented by Cuba Country Coordinator. Too often librarians measure the impact of their service by the number of resources they make available to library users. The Cuba case study goes beyond to look at the contribution of resource subscribed to through INASP's PERii project contribute to socio-economic development. The study used scientometric and bibliometric analyses. By way of extension, it would be interesting to compare the attainment of MDGs and the level of utilisation of e-resources.

A visit to the National Monument was both a relaxer and an adventure. We were all socked in rain after avoiding it for some time.

Koha

2008-11-28T00:26:00.000-08:00

The Malawi Library and Information Consortium Technology Research Group started studying KOHA, an Open Source library management software to assist libraries in Software. The pilot is being done by eIFL. Specifically, Mzuzu University is the pilot site. Mzuzu University has now installed Koha on Linux and have made some major configurations to their system.

Among the major lessons they have learnt are that one should pay attention to system preferences the installer is prompted to choose during installation. Malawi adopt it.

To date, the group has turned Malawi into a pilot country for Free and Open Source

Mzuzu University uses Library of Congress z3950. For more information on configuring Koha to access z3950 servers click here

Congratulations!!! Gray Nyali wins the CILIP ILIG Award

2008-04-26T09:52:00.000-07:00

Mr Gray Nyali, the National Librarian, Malawi National Library Services won a prestigious international award. The award is given annually to someone “making a difference in Libraries and Information Services outside of the U.K."

This is the first time the award has been won by a Malawian.

CILIP: the Chartered Institute of Library and Information Professionals is the leading professional body for librarians, information specialists and knowledge managers. It forms a community of around 36,000 people engaged in library and information work, of whom around 21,000 are CILIP members and around 15,000 are regular customers of CILIP Enterprises.

In 2005 The International Library and Information Group of CILIP established an annual prize to be awarded to a person, group or committee, which has made a real difference to a community through their work in library and information services in countries outside of the UK.

In 2007 it was won by a British citizen working in prison libraries in Barbados. In 2006 it was Head of Information Services, University of Nottingham Malaysia Campus.

In 2008, the award comes to Africa and in particular to Malawi.

Historical collections

2008-04-16T13:26:00.000-07:00

Historical collection looks useless from a distance. But a closer analysis of the wealth of information contained therein prove otherwise.

Many institutions destroy important records that would make a worthy history of the organisations. Even the 'valueless' ephemera will turn out to be objects of important research in 100 years time.

Having worked in NHS Scotland Archives on work placement I have come to realise that we need to value the information we are producing today. It will make a difference to future generations if we preserve it. For instance, my hospital records might me used to explain medical conditions of my great grand children in future.

Enabling the disabled through education

2008-04-12T13:54:00.000-07:00

The State President Dr Bingu Wa Mutharika has an unquestionable love for music. His favourite being Tiyende pamodzi ndi mtima umodzi. On the other hand, his belief in the role of education in national development is unquestionable too. We have his speeches on public podia to judge this. In his speech at the Opening of the 2005 Budget Session of The National Assembly he said “a vibrant education sector is the key to the development of our human resource base and national development capacity”

However, looking back over my shoulder I see a group of fellow Malawians left behind while the rest of us are forging ahead with one spirit. Students with disabilities are still struggling to access education resources in Malawi. They face problems to access classroom with their wheelchairs and education materials such as books are in inaccessible formats.
In this article, I will particularly focus on visually impaired students. What does it take a visually impaired student to access information in a library? Anyone with a heart will cry tears of sympathy for a visually impaired student. Academic libraries in Malawi can hardly afford audio books, books in Braille and other accessible formats used by visually impaired students. In the absence of these, a library can use modern computer equipment with assistive technologies to transcribe print into Braille. However, in Malawi where all [copy]rights are reserved it is illegal to do this. The librarian stand, hands tied by the copyright limitations. The only option that is used, legally or illegally, I don’t know, is to ask a friend to read while a visually impaired student transcribe what they find relevant.

As librarians, promoting free flow of information, we need supportive government policies. In addition, we need enabling laws that gives us opportunities neither to infringe on the rights of creators of knowledge nor those of the genuine and disadvantaged seekers of knowledge. The Malawi Copyright Act No. 9, 26 April 1989 is under review and it is our humble prayer that His Excellency the State President who is also the Minister of Education will make deliberate efforts to influence inclusion of exceptions aimed at benefiting the visually impaired students.
Practically, even if the copyright law allowed us librarians to transcribe parts of books into Braille, would we afford the equipment? Because special needs education is underfunded in Malawi, disabled students in general and visually impaired students in particular do not have access to the basic facilities they need for their education. With new developments in technology it is now possible for visually impaired use assistive software to browse the Internet. These are opportunities that should not pass-bye visually impaired students in our universities. In this digital age the Internet is the gateway to numerous sources of information.
As they say charity begins at home. Difficulties in accessing educational resources in formats suitable for visually impaired students are experienced within the Ministry of Education. We know the Directorate responsible for special needs education has problems accessing electronic copies of core texts for non-commercial transcription into Braille. However, the fear by publishers to release electronic copies in the absence of regulatory frameworks is understandable. May be it is high time we put in place these regulatory frameworks. The National Library Services too needs to be supported to provide a socially inclusive service. The question we need to ask is if Ministry of Education is struggling to support visually impaired students what more with non-governmental organisations such as Malawi Union for the Blind.
There is need to strike a balance between copyright protection and access to information. Besides, we need to start questioning the rationale for having one organisation looking into the interests of copyright holders and those of consumers of the copyrighted works. Having a separate bodying looking into the interests of consumers of copyrighted works would provide a mouth piece that would negotiate for flexible licensing arrangements to enable institutions such as Malawi National Library Services and Ministry of Education access publisher’s e-files. Our hope is that copyright exceptions will be included in the copyright act and these exceptions will not require the students to compensate the rights holders.

The onus is on us to support fellow visually impaired Malawians in making their voice heard. To corporate organisations when giving back to your customers do it equitably; remember the visually impaired by supporting the Malawi Union for the Blind. To copyright holders, you have the responsibility to let your light shine. Share the knowledge you are holding for the development of mother Malawi. Finally, to our beloved President and Minister of Education, we have history to testify what you are capable of doing. Our humble request is for your support in this noble cause and influences the changes in our legal system to enable visually impaired friends and relatives see the light.

The Millennium Development Goals Monitor shows that it is possible for Malawi to achieve the second Millennium Development Goal if some changes were made. Ladies and gentlemen arise to propose that Malawi makes changes to remove legal barriers to access to information by visually impaired people. Let’s think Malawian in all policy formulations and not only level the playing field but also build platform for those who can’t reach the information to stand on. Let’s work towards enabling the disabled. Tiyende pamodzi ndi mtima umodzi (Lets forge ahead with one spirit)

Snow in Aberdeen

2008-03-29T05:19:00.000-07:00

Away from academic and professional life. Although they say snow comes in winter, this one came in March. We better watch out. Global warming is real! Even the locals were wondering why on a earth it did not snow on Christmas and then snowing in Spring

Library automation in Africa

2008-03-28T03:16:00.000-07:00

The automation of library in Africa is going on and on without the projects being delivered. For instance in 2005 Diana Rosenberg of INASP found that 65% of libraries in Anglophone Africa (excluding South Africa) were in the process of automation.

However, any project has a fixed timeline after which the project team is disbanded. In addition, projects have a budget.

Many studies have reported technology problems, personnel problems, financial problems etc. In project management these are looked at as risks and should be anticipated if a proper risk analysis is done.

It would appear to me that we think that money can do all things. Therefore we concentrate on writing funding proposals and have no time to plan the implementation of our projects.

The story is the same with digitisation, institutional repositories.

Librarians: Gatekeepers of knowledge who would'nt let others come in?

2007-10-08T08:39:00.000-07:00

I wish to use this blog to develop ideas that will culminate into a newspaper article.

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Librarians are gatekeepers of knowledge! However other people or librarians themselves doubt this it still remain a fact. Anyone can create knowledge but the art of organising that knowledge belong to a discipline and it is done by professionals - Librarians.

Talking about librarians. Not everyone working in a library is not a Librarian. Wikipedia define a Librarian as an information professional trained in library science and information science: the organization and management of information and service to people with information needs. From this definition it is clear that after information is created there is need for someone who has undergone special training to organise the information so that when stored it can be retrieved.

However, much as anyone can put information on the internet, there are the few elect that can organise and make infromation more accessible; the Librarians. Some are raising eye brows at this proclamation. Information retrieval is made easier by some tools that are the bedrock of this noble profession.

Technology, staffing and liberty

2007-10-05T03:26:00.000-07:00

The topic scares me.

Anyway, I am only comparing libraries in Malawi and what I have seen at Robert Gordon University. While we still have security guards in our libraries embarrassing patrons with 'police' searching, technology can provide a labour free, and extensive security system.

Sometimes I think that while dreaming in colour is good, the cost of living the colourful dreams are so huge. Maintaining an electronic security system is expensive, the gains are so huge. Whither African libraries!

IFLA 2007

2007-10-04T06:53:00.000-07:00

This post was due 2 months ago.

IFLA was an exciting experience for me. Attending as a presenter was even more exciting. Issues articulated in the session where I presented are so dear to my heart. RROs and licensing of photocopying.

Sometimes, out of ignorance we are pushed to the wall. In the session IFRRO cleared marvelled the Librarians when they contradicted the practices we hate RROs for. Especially, their lack of diplomacy. At least RROs in many countries do not see librarians as stakeholders.

What we need to do is - OPEN OUR MOUTHS AND SPEAK not cry. Speak against the injustices against our right to access information and use the information to develop our countries.

We do not advocate for breaking of laws of our countries - NO

Libraries without walls?

2007-10-04T06:30:00.000-07:00

My interest in the field of librarianiship is to create a library without walls. Without walls? I am not sure if this is a good concept. You know, I am only becoming a librarian now.

My mental picture of a library without walls is one that can be accessed anywhere on planet earth. Digital Libraries, yes!

Sometimes librarians are not just confident about so many skills they possess. In Malawi for instance, there is not one digital library. Well I am not sure? There might be some but I don't know any.

I also have not heard of an institutional repository. Anyway, there might be some and I guess they are not open access.

I also think, and am sure, information is good for national development. Therefore, we need to share information.

The way to go is OPEN ACCESS REPOSITORIES

Library and Information Services

2007-10-03T02:20:00.000-07:00

Colleagues, what do we do with circulation data we collect in our libraries. Or do we collect any?

In my opinion this data is vital when talking to People in Management in our various institutions.

We need to provide evidence for what we are demanding, suggesting and even for the changes we are making in our libraries.

Robert Gordon University

2007-09-26T04:38:00.000-07:00

Robert Gordon University, not "very popular" in Africa, is an exciting place to study. Oh, I should first mention that I got a place at Robert Gordon University, Aberdeen courtesy of a Joint Canon Collins/Chevening Scholarship. The weather, too cold for Southern Africa people.

One exciting thing is the people. They are so helpful. You can stop a person in the street and ask. They are glad to assist.

Accommodation, horrible!! It is difficult to find accommodation in Aberdeen, at least when students are coming. Its better to book university accommodation and change your mind when you arrive.

The University's courses are geared at producing graduate for employment. Skills based!

I would recommend RGU to you

Back from Rio

2006-06-30T04:54:00.000-07:00

One of my craziest dreams had been to step on the famous Copacabana Beach of Rio de Janeiro. Crazy dream, ah? Guess what just last week I flew into soccer crazy Brazil, touching down in Sao Paulo.I was there when Brazil massacred Japan!! I thought I love soccer BUT I was proved wrong. Everything come to a standstill in Brazil when their team go to war. I mean everything! Banks, government offices, you name it. The bus service stop for lack of passengers. People watch the game on big screens in specially built places and pubs!

Oh men, I did not go as a tourist. There was an iCommons Summit. Need more info? E-mail me buddy, it's cool.

Copyright that makes sense

2006-05-03T04:54:00.000-07:00

The Malawi national anthem talks about working together to develop our country. This, in my opinion, can among other things be achieved when there is more funding for research and development. Most of the developed countries of this world embraced science and technology. Most exciting research results in Malawi end in reputable international journals. Most of these results are ones that if they were commercialized they would transform our economy into a producing one.

Chances that research results are commercialized are somehow affected by copyright protection. In many countries including Malawi copyright protection is under “all rights reserved”. In this case the only exception is fair use and public domain. This leaves a big gap between exclusive rights and public domain and in my opinion the copyright owner is also not given freedom to share their work in ways that they want. Some writers in Malawi do not write solely for money. There are patriotic writers who after seeing Malawian students learning using content based on foreign experience have authored books with local content. Unfortunately, such writers have but one option only. License their work under exclusive rights. Does this method of licensing creative works make sense?

Much as there are people wanting exclusive rights over their work, there are yet others who would want freedom to share their work. Some would only want to be acknowledged when people use their work. Others would want their work to be used and re-used on non-commercial basis. Yet others would want their work to be shared in non-derivative form. There are other categories. These freedoms to share are not adequately addressed in our copyright act?

For a developing country like Malawi to achieve economic growth we cannot afford to live with ‘every man/woman for himself/herself’ attitude. While developing pro-poor economic programmes we should as well develop pro-poor copyright laws. Our researchers should be allowed to license their work with sharable options that will opportunities to improve their results. For instance, given these freedoms a researcher would develop some technology; publish their result under non-commercial and attribution. Another researcher would pilot the same results and publish how the technology can be adapted for rural people. In this manner, results that would otherwise be locked away by copyright laws would reach the intended beneficiaries. Remember ‘mutu umodzi susenza denga’ (no man is a jack of all trades). A more ethical example would be in the health sector where access to up-to-date and correct information can mean the difference between despondency and hope.

The world over, developing countries are lured into supporting initiatives that will work to their disadvantage. Fortunately, well-meaning people are initiating a comeback. The Creative Commons (http://creativecommons.org), a project begun at Harvard Law School is one such initiative. Begun in 2001, the Creative Commons takes a “some rights reserved” approach as compared to the much talked about “all right reserved” approach. In May 2005 South Africa launched her Creative Commons licenses with a call to other African countries to liberate creators and consumers of works of arts but adopting “some rights reserved”. Another example is the Open Access movement, which has unlocked a wealth of knowledge that would otherwise be locked into commercial journals. Interestingly, Creative Commons has come up with licenses for developing countries. Imagine that content is given different allowable uses in developing countries than in developed world.

Living in the digital technology age we can no longer cling on to “all rights reserved” approach to licensing of creative works. How are we going to police adherence to “all rights reserved” copyright protection laws when every use of electronic piece of work creates a copy? After all, experts have always argued that originality is only a myth. All that is done is re-mixing of culture to come up with genre that is claimed to be original.

It is high time the academic sector in Malawi embraced open access publishing. It will be rewarding to find more academic articles by Malawians in open access journals. Why should foreigners be vigilant in making content available to us free of charge through open access publishing? In my opinion this needs to start with our copyright laws or putting in place parallel licensing that gives people freedom to give different allowable uses.

Copyright or Copyleft

2006-04-28T04:04:00.000-07:00

I recently listened to the Head of Copyright Society of Malawi (Cosoma) on “TVM Mwatidzutsa”. Unfortunately, the interview left me with more questions than answers. In fact, it only confirmed my long time fear that policing agents like to be feared than being part of the communities they police. They want to manage by creating fear rather than trust in the public. We all know how that approach failed the Malawi Police Service. In Malawi, talk of ‘copyright’ and everyone will associate it with the music industry. Presumably, that is the reason why some sections of the copyright seem to be more important than other disciplines of intellectual property that are seldom talked about. In addition, copyright societies are set up to balance the rights of copyright owners and the rights of users but societies all over the world spend more time on the former. Malawi is a member of World Intellectual Property Organisation (WIPO), together with about 181 other countries. The behaviour the Copyright Right Society of Malawi is largely controlled by WIPO. Much as the rules enforced by WIPO are widely accepted as good among the membership, developing countries such as Malawi are disadvantaged. Some of the rules WIPO tries to get its members to obey are the 1961 Rome Convention, the 1967 Amendment of Berne, the 1971 Geneva Phonograms Conventions and the 1996 WIPO ‘Internet Treaties.’ Malawi is a signatory to these although they are tailored to benefit developed countries more than a developing country like Malawi. There should be something wrong with us if we apply them uncritically without considering our situation.For any academic discipline to thrive, access to research information is a must. Access to research information is more critical to delivery of education. Until now, the exception to the use of copyrighted materials in Malawi has been through ‘fair use’. This is not clear in the Copyright Act of Malawi and COSOMA has demanded payment for photocopying of copyright protected materials from educational institutions. Have these institutions exceeded the limits of ‘fair use’? How much use is ‘fair use’? It is my view that this kind of policing is detrimental to the development of our country. The ‘fair use’ exception to the use of copyright protected materials was put there to benefit some vital sectors of the society which would not afford to access information critical to their survival. It should be appreciated at this point that some of these issues are critical in developing countries than they are in the developed world. After all, developing countries need research information more than our counterparts in the developed world. We need research information to strengthen our economies. Further, I was also captivated by the way the head of Cosoma explained how a song falls into the ‘public domain’. Whether the definition was full or partial is immaterial but the fact that songs will wait until 50 years after the death of the musician to fall into the public domain is an issue. I guess this also applies to all other works of art, including publications, at least from understanding of the WTO TRIPS. I believe Malawi will also support the upcoming “WTO TRIPS Plus” and change the expiry of copyright protection to 70 years after death. Yes, it ensures that the creators of works of art are protected but how about performing arts students in Chancellor College using a song for educational purposes? Will Cosoma take it as ‘fair use’? What about a student wanting to access results of research done by some professor to adapt them for Malawi, will that be considered ‘fair use’? It might look justifiable when we talk about research in general, but consider publicly funded research. A university college in Malawi will pay dearly to access knowledge generated by research done in Malawi but published in an international journal. I consider it restrictive that when I renounce my rights (in writing) the minister can still charge fees on my work. In my view, it should not be this difficult to access works in the public domain. People do not have to be rich or belong to the elite to access works in the public domain. In fact, developing countries should have worked hard to enrich the public domain. If indeed we will have to wait 50 or 70 years after the death of the creator of a piece of work for it to fall into the public domain, then it will be full of obsolete pieces of work. There is need to balance the rights of copyright owners and the needs of the society, especially education and research

I published this article in the Nation Newspaper