Features
Overview of the copyright law of Ghana Part 1
Ghana’s experience with copyright legislation
Copyright is the part of Intellectual Property (IP) law, which grants legal protection to authors or creators of literary and artistic works such as books, music, paintings, films, computer software, sculpture, etc.
The first copyright legislation in Ghana was the Copyright Ordinance of 1914 (Cap 126). This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110). PNDC Law 110 was considered as a landmark piece of legislation because it generally conformed to the standards of the Berne Convention for the Protection of Literary and Artistic Works and also contained other significant provisions such as the provision for the establishment of a collective administration society and the Copyright Office, an office responsible for the administration of copyright in Ghana.
Although PNDC Law 110 was considered an important milestone in Ghana’s copyright legislative experience, it soon proved inadequate in the face of the rapid technological developments of the 1990s and the international copyright treaties concluded after 1985, i.e. the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994), the WIPO Copyright Treaty (WCT) (1996) and the WIPO Performances and Phonograms Treaty (WPPT) (1996). Ghana as a developing country was also obliged under the TRIPS Agreement to amend its copyright legislation to be TRIPS compliant by the year 2000. The Copyright Act, 2005 (Act 690) was enacted in 2005 to address the inadequacies of PNDC Law 110.
The law governing copyright in Ghana is the Copyright Act, 2005 (Act 690) as amended and its implementing regulations, Copyright Regulations, 2010 (L.I. 1962).
Act 690, to a large extent conforms to the TRIPS Agreement, the WCT and the WPPT.
There is also other useful legislation, which complements the Copyright Act, 2005 (Act 690) in the administration of copyright in Ghana. These are the High Court Civil Procedure Rules, 2004 (C.I. 47) which provide specialized rules for the enforcement of intellectual property rights (IPR) and the Electronic Transactions Act, 2008 (Act 772).
It is worth noting that the Copyright Act, 2005 (Act 690) contains a number of enhanced legislative provisions and some ‘novel’ institutions, which aim to make the administration of copyright more effective. These include:
1. Enhanced economic rights for copyright owners
2. Enhanced rights of performers
3. Broadened scope of works eligible for copyright protection
4. Enhanced penalty for copyright infringement
5. Liberalised collective management system
6. Institutionalised levy on devices used for copying copyright protected works
7. Establishment of the Copyright Monitoring Team
8. Establishment of the Copyright Tribunal to adjudicate in disputes relating to royalties
9. Expanded provisions for protection, use and administration of folklore
10. Voluntary registration of copyright
Subject matter of copyright protection
Act 690 expanded the scope of copyright protection as compared to what could be obtained under PNDC Law 110.
The works eligible for copyright protection under Section 1 of Act 690 are as follows:
1. Literary work (e.g. novels, textbooks, stories, poetical works, stage directions, film scenarios, encyclopedias, dictionaries, databases, essays, histories, etc.)
2. Artistic work (e.g. painting, architectural design, etching, lithograph, engraving, maps, fashion and wood design, sculpture, etc.)
3. Musical work
4. Sound recording
5. Audiovisual work
6. Choreographic work
7. Derivative work, and
8. Computer software or programmes
An author, co-author or joint author of any of the above-mentioned works is entitled to copyright protection as stipulated in the law.
An author within the context of the law is a natural person whose intellectual activity leads to the creation of a work.
Although copyright protection is automatically acquired from the time a work is created, the work must satisfy the following conditions in order to enjoy the copyright protection:
1. It must be original in character (i.e. must be a product of the independent effort of the author).
2. It must be fixed in any definite medium of expression.
(a) It must be created by a citizen of Ghana or a person who is ordinarily resident in the Republic,
(b) It must be first published in Ghana and, in the case of a work first published outside Ghana, it must be subsequently published in the Republic within thirty days of its publication outside Ghana, OR
(c) It must be a work in respect of which Ghana has an obligation under an international treaty to grant protection.
Ghana is party to the following international treaties and is therefore obliged to grant protection to the works of authors from other Contracting Parties.
The treaties/conventions Ghana has signed include:
1. Berne Convention for the Protection of Literary and Artistic Works (1971). Accession: July 11, 1991. Date of entry into force: October 11, 1991.
2. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). Date of accession / ratification by Ghana (nil). Date of entry into force: December 31, 1994.
3. WIPO Copyright Treaty (WCT) (1996) Ratification: August 18, 2006. Date of entry into force: November 18, 2006.
4. WIPO Performances and Phonograms Treaty (WPPT) (1996) Ratification: November 16, 2012. Date of entry into force:February 16, 2013.
5. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled. Ratification: May 11, 2018. Date of entry into force: August 11, 2018.
[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economic contribution of copyright industries in Ghana”]
I experienced something on Monday, June 15, that really frustrated me. I had to go to the ministries but I could not get up early that day so I decided to pick a taxi and get to the Tuba Junction.
When I got there I realised that Traffic had built up from the Toll Booth towards Accra. After a while I got a Taxi and it was when we got to a certain spot on the road, that I realised why there was a traffic jam.
There is a short stretch of the road where each time it rains heavily, loose material run down the hill onto the road, blocking one side of the road. Vehicles from Kasoa to Accra are then forced to move into one of the lanes of those going towards Kasoa from Accra.
The two lane road from Accra to Kasoa becomes a single carriage way. That was the reason for the traffic jam from the toll booth onwards.
This has been a perineal problem and yet, no permanent solution has been found till date. The area falls under Ga South and even though, a new MCE has taken over, the technocrats are still there and so the problem is not new to them.
There is therefore no excuse for the inability of the Ga South Metropolitan Assembly to resolving the problem on that stretch of the road. Apart from the Ga South Metropolitan Assembly, another institution that must be held accountable is the Ghana Highways Authority.
The Highways Authority cannot say they are unaware of this issue. The fact that the problem falls within the area of responsibility of the Ga South Assembly, does not relieve the Ghana Highways Authority, of their responsibility of ensuring that our highways are maintained in a motorable state at all times.
A collaboration between the Ghana Highways Authority and The Ga South Municipal Assembly is required for a permanent resolution of the problem.
There was another traffic jam at a place called Atala about 250 metres to the traffic light at Old Barrier as a result of an issue similar to the one close to the toll booth, that I talked about earlier.
When we got to Weija junction, we encountered another traffic jam. The cause of this jam was a bad condition of road about 80 metres from the traffic light at Ga South Hospital heading towards Accra.
Due to the bad nature at that section of the road, vehicles are compelled to slow down resulting in a traffic jam stretching all the way to Weija Junction.
I started wondering if that short stretch of road cannot be sorted on one Sunday when traffic is usually light. When we got to the traffic light at Odorkor, there was another issue.
When the traffic light shows green, there is a slow down because there is a big pothole or should I say manhole in the outer lane, right at the traffic light. Vehicles in the outer lane are compelled to swerve into the second lane thereby causing a traffic to slow down and resulting in a traffic jam.
It is very important to take into account the effect of traffic jam on the national economy. If we are able to assess the value of the loss to the economy of the nation, I believe the issue of traffic jam will be prioritised.
Imagine persons working at various Government Organisations like Registrar General’s Department, Ghana Ports and Habours Authority, Ghana Revenue Authority, CEPS etc. and lives at Kasoa and whose job is to collect revenue for the state and is held up in traffic.
Just imagine the effect their lateness to work will have on the economy if you consider the delays in say clearing of goods at the port and as a result traders cannot sell their goods for government to generate the required taxes.
Let us deal with the traffic jams on our streets to promote economic growth. God bless.
By Laud Kissi-Mensah
Mortality is an inherent aspect of life, a universal experience that has sparked philosophical, theological, and scientific inquiry throughout human history.
This article aims to provide a comprehensive and nuanced exploration of mortality, acknowledging the complexity of the topic and the diverse perspectives surrounding it.
The biological imperative
From a biological standpoint, death is a natural part of the life cycle. It serves as a mechanism for the evolution of species, allowing for the passing on of genetic material and the adaptation to environmental changes.
Evolutionary perspective: Death allows for the recycling of resources, promoting the survival and adaptation of species.
Life span and senescence: Cellular aging and the limitations of biological systems contribute to mortality.
Philosophical and existential perspectives
Existentialism: Emphasises individual freedom and responsibility in the face of mortality.
Meaning and purpose: The finite nature of life can prompt individuals to seek meaning and purpose.
The human condition: Mortality is a fundamental aspect of the human experience, shaping our perceptions and values.
Cultural and spiritual views
Afterlife and spirituality: Many cultures and religions believe in an afterlife or spiritual continuation.
Rituals and mourning: Cultural practices surrounding death reflect the significance of mortality in human experience.
Legacy and remembrance: The impact of one’s life can transcend mortality.
Ethical considerations
End-of-life care: Ethical debates surround issues like euthanasia, assisted dying, and palliative care.
Quality of life: Balancing the value of life with the quality of life is a complex ethical issue.
Resource allocation: Societal decisions about healthcare and resource distribution involve considerations of mortality.
Psychological impact
Grief and loss: The experience of mortality can evoke profound emotional responses.
Fear and anxiety: The awareness of mortality can lead to existential anxiety.
Appreciation and gratitude: Recognising mortality can foster appreciation for life.
Conclusion
Mortality is a multifaceted aspect of human existence, influencing how we live, relate, and find meaning. Understanding and acknowledging mortality can prompt deeper reflections on life and our place in the world.
By Robert Ekow Grimmond-Thompson
