Copyright in the Palestinian territories : Setting the scene

Setting the scene of copyright in Palestine is the aim of this chapter. Section 2 highlights the main players and obstacles that effect and interact with upholding a copyright system in Palestine. In particular, it discusses the effect of the political and legislative status of Palestine on the ability to legislate copyright law. This discussion depends on the Oslo Accords—as the legal framework, the Palestinian Authority (PA)—as the self-governmental body in charge, and the Palestinian Legislative Council (PLC) which has ceased to function since 2007. Section 3 argues for the necessity of legislating copyright law in Palestine under the current legislative mechanism that is the Presidential Decrees, it supports its argument through showing the urgent need of the locals to have an effective copyright system in place, and highlights the link between copyright regulations and access to knowledge, especially in the current financial crises of the higher education in Palestine. Section 4 presents an overview of the current copyright law in Palestine and briefly assesses the law against the developments in the international copyright system. Section 5 argues for reform and advocates for switching to fair use as a flexible tool to exceptions and limitations on copyright.

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