Legal Considerations of Providing Information in Support of Distance Learning by Digital Libraries in Universities in Kenya

Abstract

This paper examines the legal challenges librarians managing university libraries in Kenya experience when providing information services in support of distance learning. Kenya is experiencing enormous socio-economic changes. These changes have exerted serious pressure on higher education resulting to phenomenal expansion of university education. Unfortunately, the demand for university education has not translated into infrastructural expansion of universities. While university intake continues to grow at an alarming rate, funding for universities including libraries continue to diminish. An option taken by many universities to meet increased demand for higher education has been to invest in distance education. This option has its own challenges. Distance learning like residential programmes, require adequate financial investment in print and electronic information resources; and ICT infrastructure. Since libraries in Kenya are underfunded, they are compelled to reproduce the scarce materials available with them to serve distant learners as opposed to acquiring additional materials. This arrangement has equally serious challenges. Top on the list is copyright infringement. Without adequate exceptions and limitations to copyright restrictions, university authorities and librarians are likely to be charged for infringement.