[IRTalk] FW: SAIFAC Seminar invite - 20 September 2019

[Dr Leti Kleyn]

From: Denise Nicholson <Denise.Nicholson at wits.ac.za>
Sent: 13 September 2019 10:44
To: Denise Nicholson <Denise.Nicholson at wits.ac.za>
Subject: FW: SAIFAC Seminar invite - 20 September 2019
Importance: High

Hi All,
Here is the invite to Sanya Samtani's SAIFAC presentation. I hope you can make it, and please do share widely. Please RSVP to naomi at saifac.org.za<mailto:naomi at saifac.org.za> by noon on 19 September 2019.
Regards
Denise

Dear All
SAIFAC invites you to a Friday Lunchtime Seminar by Sanya Samtani, a Research Resident at the Bonavero Institute of Human Rights and a Research Associate at the Oxford Human Rights Hub. She is also a DPhil (in Law) candidate at the University of Oxford.
Sanya will be presenting part of her doctoral thesis.  Her presentation is entitled 'Access to educational materials and copyright in South Africa'. A fuller abstract can be found below.
The Details of the Seminar are as follows:
Date: Friday, 20 September 2019
Time: 13:00-14:30
Venue: SAIFAC Boardroom, Women's Gaol Constitution Hill
RSVP: Please confirm your attendance by noon on  Thursday, 19th September for catering purposes (naomi at saifac.org.za<mailto:naomi at saifac.org.za>)
Abstract:
The thesis analyses the right of learners to gain access to published materials for the purposes of education. Copyright law acts as a regulatory barrier to accessing such materials. Part I of the thesis deals with the international legal framework for the realisation of the right of access to educational materials, and Part II explores its domestic application in two jurisdictions (India and South Africa).
The thesis, in Part I, argues that access to educational materials is an integral input in the realisation of the human right to education. Further, it describes international copyright protections and argues that newer developments indicate a shift towards recognising human rights and considering access issues. The thesis illustrates the normative tension between these two systems, which plays out through conflicting international legal obligations upon a single state. Part I concludes by describing how the tension between copyright and learners' right to education is a site for the fragmentation of international law, based on the availability of a variety of dispute resolution mechanisms, each of which is likely to weight different factors differently in adjudicating upon the same issue.
In Part II, the thesis considers the domestic interplay between the right to education and copyright in India and South Africa. Due to conflicting obligations in international law, the duties incumbent upon the state by the right to education and copyright (if any) are highly dependent on domestic statutory and constitutional context. In 2016, India saw multi-national publishers bring a case of copyright infringement against a small university photo-copying shop for the creation of prescribed course packs for educational purposes. The High Court upheld the entitlement of students but left many questions unanswered regarding the scope of the educational exception. In 2018, South Africa engaged in legislative reform to amend its copyright statute and in the process introduced more detailed exceptions and limitations, some of which specifically relate to facilitating education. The law reform process has been a site of contestation between publishers as well as other commercial interests and proponents of access to knowledge. In considering the role of international law in domestic legal systems, the conclusion draws comparisons across the case studies, thereby enriching the content of the right of access to educational materials.
 Biography:
Sanya Samtani, currently a Research Resident at the Bonavero Institute of Human Rights and a Research Associate at the Oxford Human Rights Hub, completed her BCL in 2016 and is a DPhil (in law) candidate at the University of Oxford. Her research on 'The Right of Access to Educational Materials' articulates students' right of access to educational materials and lies at the intersection of the right to education and copyright law in international law, as well as case studies in India and South Africa. She clerked at the Constitutional Court of South Africa from July-December 2018. She completed her undergraduate law degree at National Academy of Legal Studies and Research (NALSAR), in Hyderabad, India (2015).
We look forward to welcoming you at this seminar.

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Mrs. Naomi Hove

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The South African Institute For

Advanced Constitutional Public,

Human Rights & International Law,

A Centre for The University of Johannesburg

Telephone:

011 339 1194

E-mail:

naomi at saifac.org.za<mailto:naomi at saifac.org.za>

naomih at uj.ac.za<mailto:naomih at uj.ac.za>

Website:

www.uj.ac.za<http://www.uj.ac.za>

Office:

11 Kotze str cnr Joubert ext,

Constitution Hill,Women's Gaol, Braamfontein

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