Oriakhoba (2020)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Oriakhoba (2020)
Title: Working around the Gender Gap in Intellectual Property Regimes: Empowerment of Women Beadworkers through Open, Inclusive Innovation and Social Entrepreneurship in KwaZulu-Natal, South Africa
Author(s): Desmond Osaretin Oriakhogba
Year: 2020
Citation: Desmond Osaretin Oriakhogba. (2020). Working around the Gender Gap in Intellectual Property Regimes: Empowerment of Women Beadworkers through Open, Inclusive Innovation and Social Entrepreneurship in KwaZulu-Natal, South Africa. OpenAir Workign Paper 23.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Participant observations notes; interview responses
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: Yes
Government or policy study?: No
Time Period(s) of Collection:
  • November 2018 - January 2019
Funder(s):
  • the International Development Research Centre (IDRC)
  • the Social Sciences and Humanities Research Council Canada
  • Queen Elizabeth Scholar programme
  • openAir - African Innovation Research

Abstract

"This case study explored the empowerment, innovation, entrepreneurship, and intellectual property (IP) dynamics at play in the work of a group of women beadworkers participating in the Woza Moya project of the Hillcrest AIDS Centre Trust in KwaZulu-Natal, South Africa. The study found that open, collaborative, and inclusive innovation practices, and social entrepreneurship modalities, appeared to generate significant empowerment for the craftspeople, regardless of the fact that the IP system does not offer women easily accessible economic benefits. Inclusive innovation and social entrepreneurship thus appear, in this case, to be effective mechanisms for working around the “IP gender gap” that is set forth in this paper."

Main Results of the Study

The study examines gender inequality in South African IP regimes looking at the example of Zulu beadworkers. Specifically, Traditional Cultural Expression is at focus of the research. The author finds that the protection of female beadworkers’ indigenous art under trademark and copyright law is inhibited by a lack of knowledge, financial, and infrastructural resources to protect their creations. Particularly, the division between ‘female’ and ‘male’ art creations is represented in the protection criteria, rendering ‘female’ art less accessible for protection. Further, the study suggests that institutional gender division hinder the ‘promotion of rural African innovation’. Overall, the author concludes that systemic and institutional barriers significantly determine the gender divide in accessing IP protection for traditional art.

Policy Implications as Stated By Author

The author suggests that “social entrepreneurship and inclusive innovation are effective mechanisms for working around the IP gender gap and empowering rural African women crafters”. Especially emphasised are the recognition of women’s craft in the IP system, adequate compensation, and knowledge exchange.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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