Features
Collective management organisations and efforts to protect rights owners (Part 1)
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.
[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economic contribution of copyright companies 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
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