research consultancy
CHAPTER TWO
LITERATURE REVIEW
2.0 Introduction
This chapter examines scholarly perspectives on the benefits of fair use application at Kyambogo University, the challenges in its implementation, and various techniques for applying fair use in academic libraries.
2.1 Benefits of Fair Use Application in Kyambogo University
Proper Acknowledgment of Cited Works
Academic integrity requires that all borrowed material be properly cited to avoid plagiarism. As defined by Black’s Law Dictionary (1968), plagiarism involves appropriating another’s work—whether text, ideas, or language—and presenting it as one’s own. Students must ensure proper attribution, consulting advisors when uncertain. Failure to do so constitutes academic misconduct under institutional policies.
Use of Copyrighted Material
When using copyrighted material beyond fair use limits, written permission from the copyright holder is mandatory. Publishers typically grant permissions for extensive excerpts, figures, or tables, sometimes at a cost. Proper citation remains essential.
Guidelines from The Chicago Manual of Style (2003) suggest that quoting an entire work is rarely acceptable. Additionally, copying consumable materials (e.g., workbooks, tests) without permission violates copyright law (Circular 21, p. 11).
Compliance with Research Regulations
Research involving human subjects, animals, hazardous materials, or proprietary drugs requires prior approval from relevant regulatory bodies. Kyambogo University must adhere to ethical guidelines to protect participants and researchers. Documentation of approvals must accompany research submissions.
2.2 Challenges in the Application of Fair Use
Orphan Works and Licensing Issues
Fair use continually evolves, particularly concerning orphan works—materials with untraceable copyright owners. Current fair use principles offer limited solutions, necessitating further legal developments.
Contractual Restrictions
Licensing agreements may override fair use rights. Libraries must negotiate contracts carefully to preserve fair use privileges when acquiring materials.
Territorial Limitations
Fair use applies only within the U.S., meaning international works used in Uganda may not enjoy the same protections.
Balancing Copyright and Public Interest
Copyright law aims to promote knowledge while protecting creators. Fair use ensures that copyrighted material can still support education and research without stifling innovation. However, excessive restrictions risk hindering academic progress.
Legal Uncertainty and Risk Management
Fair use lacks rigid guidelines, relying instead on case-by-case assessments. While this flexibility allows adaptation, it also creates uncertainty. Libraries must employ risk management strategies to navigate legal ambiguities while fulfilling their educational mission.
2.3 Different Approaches to Applying Fair Use
Responsible Use and Downstream Risks
Libraries must balance fair use with potential misuse by patrons. While institutions are unlikely to face liability for unauthorized downstream use, they should guide users in proper fair use application.
Risk Management in Fair Use
Absolute legal certainty is rare, requiring institutions to assess and mitigate risks rather than avoid fair use entirely. This best practices approach helps libraries operate confidently within legal boundaries.
CHAPTER THREE
RESEARCH METHODOLOGY
3.0 Introduction
This chapter outlines the research design, study area, population, sampling techniques, data collection methods, and limitations of the study.
3.1 Research Design
A cross-sectional survey combining qualitative and quantitative approaches will be used:
- Qualitative: Explores behavioral and decision-making factors through theoretical analysis.
- Quantitative: Uses numerical data for precise, bias-free measurements.
3.2 Study Area
The research will be conducted at Kyambogo University, Kampala, Uganda.
3.3 Study Population and Sample Size
Participants will include university administrators, lecturers, and students.
3.4 Sampling Techniques
A purposive sampling method will select respondents based on relevance to the study (Amin, 2005; Berg, 2006).
3.5 Data Sources
- Primary Data: Collected via questionnaires and interviews.
- Secondary Data: Sourced from existing publications for cost-efficiency and accuracy (Bell, 1997).
3.6 Data Collection Methods
- Questionnaires: Close-ended surveys for quantitative insights.
- Interviews: Structured discussions (30–60 minutes) for qualitative depth.
3.7 Validity and Reliability
- Validity: Ensures instruments measure intended concepts (Oso & Onen, 2008).
- Reliability: Confirms consistent results upon repeated use.
3.8 Data Processing and Analysis
Data will be coded, tabulated, and analyzed using statistical and qualitative methods.
3.9 Anticipated Limitations
- Financial constraints may affect data collection.
- Respondent delays or reluctance, mitigated through confidentiality assurances.
