Fair Use Under Copyright Law: Theoretical Basis and Enforcement Approaches in Selected East African States

Abstract

The provisions of fair use in the copyright legislation afford arequisite policy balance for achieving important publicdevelopmental goals, such as facilitating access toinformation. However, the exact scope of fair use differsdepending on the underlying priorities in a particularjurisdiction. The theoretical underpinning that substantiatesfair use are also variant. The different approaches areevident in the regulatory practices across the East AfricanStates. The statutory restrictions on the applicability of fairuse have been variously interpreted within the region, hencepotentially creating legal and regulatory dilemma. This trendis worrisome in the context of present regional initiatives toapproximate intellectual property laws within the region. Thethreshold of assessing fair use as reflected in local andinternational copyright legal texts offers inconclusive clueson fair use. Ultimately, consideration of specific conditionsobtaining in a particular jurisdiction is important in devisingthe appropriate regulatory model for fair use.  Key words: Copyright law, fair use, theoretical basis, copyrightflexibilities, and regional harmonization.