Features
Collective management organisations and efforts to protect rights owners (Part 1)
[This piece is culled from a study conducted byMagnus Ebo Duncan (PHD), titled: “Economic
contribution of copyright companies in Ghana”]
Though copyright laws are made to protect rights owners, individual management of rights is practically impossible for certain types of use. The impracticability of enforcing the laws individually – both for the owner of the rights and for the user – creates a need for collective management organisations.
This article presents how the collective management organisations (CMOs) in Ghana are acting in the interest and on behalf of the owners of rights. Ghana’s examples can be emulated by CMOs in other countries.
THE LAW AND CREATION OF COLLECTIVE MANAGEMENT ORGANISATIONS
Article 36(2) of the 1992 Constitution of the Republic of Ghana stipulates as follows: The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include:
(a) the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
(b) affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy.
These Constitutional provisions are in tandem with the objects of copyright law, which establish appropriate mechanisms to protect the work of creators and give them incentives to produce new works for public consumption.
Section 49 of the Copyright Act, 2005 (Act 690) gives a legal backing for the formation of collective copyright administration societies. The Section provides as follows:
1. Authors, producers, performers and publishers may form collective administration societies for the promotion and protection of their interest.
2. A collective administration society may, acting on the authority of the owner of a right, collect and distribute royalties and other remuneration accruing to the owner.
3. The Minister may, by legislative instrument (L.I.), make regulations for the formation, operation and administration of societies.
In line with the above provisions of the Copyright Act, three (3) collective management organisations have been formed in Ghana. These are:
• Ghana Music Rights Organization (GHAMRO)
• Reprographic Rights Organization of Ghana (CopyGhana)
• Audiovisual Rights Society of Ghana (ARSOG)
The activities and operations of these collective management organizations are regulated by law i.e. the Copyright Regulations, 2010 (L.I. 1962) and the Hon. Minister for Justice has oversight responsibility over the CMOs. The Regulations contain elaborate provisions on the formation, operation and the administration of the CMOs. CMOs are registered as companies limited by guarantee. However, it is the Minister for Justice who grants them a certificate of approval to operate as CMOs.
LEVY ON DEVICES USED FOR THE REPRODUCTION OF COPYRIGHT MATERIALS (PRIVATE COPYING LEVY)
The Copyright Act, 2005 (Act 690) imposes a levy on devices used for reproducing copyright materials. This levy is also known as the private copying levy. The levy, which is collected by the Customs Division of the Ghana Revenue Authority (GRA), covers both the media and equipment used to copy copyright protected materials, which are imported into the country.
The Copyright Regulations, 2010 (L.I. 1962) set out the devices on which the levy is imposed and the procedure for the distribution of the proceeds of the levy to rightsholders. Currently, the levy constitutes the largest source of income for the collective management organisations in Ghana.
GHANA MUSIC RIGHTS ORGANIZATION (GHAMRO)
GHAMRO’s principal roles are to manage the rights of music owners and to issue licences to music users. The membership of GHAMRO is made up of authors/composers and publishers. The organisation’s membership in 2015 was 3,277 and grew to 4,138 in 2016.
Collecting revenues for members
GHAMRO as a CMO, is responsible for ensuring that tariffs are designed to make commercial use of musical works benefit those who compose and publish them. The sources of revenue for the society are revenue from mechanical rights, performance rights, and other sources.
GHAMRO collects fees from users who engage in public performance of music. The organisation has established a vertical hierarchy of the various types of exploitation in which music is performed. Three classifications of exploitation have been made on the basis of the role played by music. These are:
(a) Exploitation where music is essential or indispensable (e.g. radio and TV broadcasting, live performances, disc jockeys);
(b) Exploitation where music creates the atmosphere and is thus necessary (e.g. night clubs, hotels, restaurants, pubs); and
(c) Exploitation where music serves as a background which is not strictly necessary but is favourable to have (e.g. caller tunes used by telecommunication companies).
Currently, the main user categories recorded in the organisation’s books are as follows:
1. Broadcasting stations (radio and television)
2. Hotels
3. Restaurants and bars
4. Night clubs, drinking bars and pubs
5. Financial institutions
6. Fuel retailing stations
7. Telecommunication operators
8. Live performance by various event organisers
9. Shops and malls
10. Barber shops and salons
The organisation has also taken steps to broaden its licensing stream to cover digital music licensing, airlines, road transport unions, secondary schools and churches.
The third source of revenue, which constitutes a very small proportion of total revenue generated, are the token fees charged for the registration of new members as well as for updating their records with new works.
Features
The global challenge of medical malpractice
Introduction
Medical malpractice is a significant concern worldwide, with far-reaching consequences for patients, healthcare providers, and the overall healthcare system.
It is defined as a deviation from the standard of care that results in patient harm, and can take many forms, including misdiagnosis, surgical errors, medication mistakes, and inadequate patient care.
This article provides a comprehensive overview of the issues surrounding medical malpractice, its consequences, and potential solutions.
The prevalence of
medical malpractice.
Medical malpractice is a widespread problem that affects patients in many countries. According to a study published in the Journal of Patient Safety, medical errors are the third leading cause of death in the United States, resulting in an estimated 251,000 deaths per year. Similarly, a study published in the British Medical Journal found that medical errors are a significant cause of morbidity and mortality in the UK.
Types of medical
malpractice
Medical malpractice can take many forms, including:
1. Misdiagnosis: Failure to accurately diagnose a patient’s condition, leading to delayed or inappropriate treatment.
2. Surgical errors: Mistakes made during surgery, such as operating on the wrong body part or leaving instruments inside a patient.
3. Medication errors: Prescribing or administering the wrong medication, dose, or route of administration.
4. Inadequate patient care: Failure to provide adequate care, including neglecting to monitor patients, provide necessary treatment, or respond to patient concerns.
Consequences of medical malpractice:
Medical malpractice can have severe consequences for patients, including:
1. Physical harm: Patients may experience pain, suffering, and long-term health consequences.
2. Emotional trauma: Patients and their families may experience anxiety, depression, and post-traumatic stress disorder (PTSD).
3. Financial burden: Patients may incur significant medical expenses, lost wages, and other costs.
Solutions to medical malpractice:
To address the issue of medical malpractice, many countries have implemented reforms aimed at reducing the number of claims and improving patient safety. Some potential solutions include:
1. Tort reform: Limiting the amount of damages that can be awarded in medical malpractice cases.
2. Alternative dispute resolution: Using mediation or arbitration to resolve disputes outside of court.
3. Communication and Resolution Programs (CRPs): Encouraging open communication between healthcare providers and patients, and providing fair compensation for injuries.
Conclusion
Medical malpractice is a complex issue that requires a multifaceted approach to address.
By understanding the prevalence, types, and consequences of medical malpractice, we can work towards creating a safer and more compassionate healthcare system.
Potential solutions, such as tort reform, alternative dispute resolution, and CRPs, offer promising approaches to reducing medical malpractice claims and improving patient safety.
References:
[1] Makary, M. A., & Daniel, M. (2016). Medical error—the third leading cause of death in the US. BMJ, 353, i2139.
[2] Vincent, C., Neale, G., & Woloshynowych, M. (2001). Adverse events in British hospitals: preliminary retrospective record review. BMJ, 322(7285), 517-519.
By Robert Ekow Grimmond-Thompson
Features
Life is like a quiz competition
I watched a quiz show on TV last Sunday, between two schools, Okuapeman and I think University Practice. After the first round, University Practice was leading with about 30 points and Okuapeman had nothing.
Then comes the second round of the intended four rounds of competition and at the end of the round, surprise, surprise, Okuapeman had 60 points and University Practice had either zero or 10.
In the final analysis, Okuapeman won the competition with 95 points to University Practice’s 90 or 93 points. Such is life and the mysteries of life, are difficult to fathom.
There are classmates that we thought could not amount to much in life and yet we become pleasantly surprised as time passed, about the vast improvement in their lives.
There were other mates who were obviously destined for the top, based on their academic prowess but became complete failures later on in life.
When I was in the primary school, there was a classmate who most of the time came first in the end of term exams. He was very brilliant and so he going further up the academic ladder through Secondary school, Sixth form and ending up at the University was a forgone conclusion.
However, life’s mystery set in and he ended up as a teacher in a technical school owned by his brother-in-law. He did not amount to much, became an alcoholic and eventually passed away.
The day I heard that he had passed away and his general circumstances, I felt so sad. Such is life and sometimes it is like the quiz competition I witnessed, full of uncertainties.
There was another senior in Middle School, who also was very brilliant. In fact he got a score of 254 out of 300 in the Common Entrance Examination. Many years later, in my early years at the University, I met this guy at the Tarkwa Train Station and got the shock of my life. This guy was wearing a dirty, loosely fitting singlet and his state was pitiful.
Naturally after expressing pleasantries, I asked him what he was doing in Tarkwa after telling him that I was a student at the university. He then narrated how he was dismissed from the most prestigious Secondary School in the Kwahu area after some smoking and going out without exeat issue.
He further indicated that as a result, he was then hustling and doing Galamsey to make ends meet. I would have had a hard time believing that he was doing Galamsey and not working in a reputable organisation or institution if it was told me by someone. Indeed life can sometimes be like a quiz competition, if God is not involved.
Since we are not God and therefore do not have knowledge of what the future holds, we need to treat people who come across our paths well because you never know.
When I went for the funeral of one of my aunties, on my father side, with my SUV many years ago, a lot of my relatives were surprised because they never imagined that.
When it comes to say wealth, it has nothing to do with one’s academic qualifications. We have some of the wealthiest people who were school dropouts and so we need to be careful how we treat people, because life is like a quiz competition and you never know until the competition comes to an end.
I have seen someone who was not that nice looking, the nose being flat and all, and then 12 years later, such a huge natural transformation; so never write anybody off, because life is like a quiz competition. God bless.
NB: ‘CHANGE KOTOKA INTERNATIONAL AIRPORT TO KOFI BAAKO INTERNATIONAL AIRPORT’
By Laud Kissi-Mensah
