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”]
Features
Farmers, fund and the mafia


The notion some people have about the Sikaman farmer can be amusing. It is the belief of some that immediately a struggling farmer manages to grab a loan, the first thing he does is to invite his abusua (kith and kin) home and abroad.
He organises a mini-festival using palm wine mixed with Guinness as the first course. There and then he announces that he is no longer a poor man; in effect he has ceased to be the close buddy of Mr John Poverty.
The ceremony will be consummated with singing and breakdance, a brief church service, drama and poetry recitals.
At least three bearded goats complete with moustache and four cockerels would be sacrificed in various recipes to celebrate the farmer’s broken alliance with poverty. Some would end up as fufu and light soup, grilled chicken, toasted mutton and smiling goat-head pepper soup. In short, the loan was well taken and well utilised.
The farmer’s prosperity begins right from the stomach. His idea is that if you don’t prosper in the stomach, there is no way you can prosper outside it.
Some farmer are ‘wiser’ though. When they get the loan, they promptly look for new wives. They can no longer continue enjoying one soup everyday like that. Variety is the spice of life! A new wife would bring new zest, new hope and heavenly glary into the farmer’s life. Most importantly the new wife would bring more action into his waist.
So the loan goes indirectly into promoting physical exercise for the human waist instead of the expansion of the farm, purchase of new equipment and improved seeds. Farmers of this nature are jokers, not farmers.
Is it probably because of these whimsical reasons that the banks are reluctant to grant loans to farmers? Obviously with the celebration of mini festivals and the installation of new wives, it is unlikely bank loans can ever be repaid. Of course, farmers who are more concerned about their libido can only be experts in re-scheduling loan payments and not in paying back loans.
Banks are very much concerned about getting their monies back with interest whenever they give out loans. So they demand collateral security as a requirement for the granting of loans. Some farmers actually don’t have anything they can put up as collateral except their hoes, cutlasses and wives. So they struggle through life, not going and not coming.
I do not blame the banks for not granting loans to those who cannot put up collateral. But what about those who are very serious farmers and can put up collateral. Should they also be denied?
Farming is seasonal and a farmer may need a loan only within a certain period to grow crops or breed birds. When the period elapses before the loans are granted, farmers are tempted to misapply the money because it lies idle. In fact, with idle money lying around, the farmer may be tempted to ‘purchase’ a new wife.
It goes without saying that farmers need money but for specific periods when the banks apparently do not take into consideration. Within three months in a year (main cropping season), a crop farmer must plant, nurture, harvest and sell. He applies for a loan and takes nine months or is not even granted. Meanwhile the money lies under his bed waiting to be enjoyed. Not all farmers are angels.
Now, If the government has seen and acknowledged the importance of farmers in national development and has instituted a Farmers’ Day which is a public holiday during which farmers are awarded, then government might as well also do something about funding for our serious farmers, at least the award winning ones to expand and grow since bank loans are not readily available.
Lama of Site 21, Tema, a man of great learning and of vision, has just been telling me that when a farmer gets an award, it means he knows his way about his job, is serious and diligent. According to him, most likely that such a person would also be investment-conscious and judicious in the use of his resources, and not interested in enstooling a new wife.
If government can set up a fund to assist, not with cash but by way of inputs, most of our farmers who have not had any assistance to propel themselves above sea level would be most thankful.
Interview a few award-winning farmers and they would tell you their palaver. The Overall Tema Municipal Farmer Mr Ellis Aferi and his wife Mrs Rosemary Aferi, began their Soka Farms Complex with ten fowls. The pig (a sow), was sent to a farm on a cart to be serviced and brought back breeding.
His piggery is now a real model of inspiration. “We started right from the scratch without any bank loan or financial assistance from any quarter. We placed our trust in labour, hard work and the advice of extension officers. Today we have a large piggery, poultry breeding house, mushroom and snail quarters, fishpond and beehives aside the rabbits we breed. All these without a penny from anywhere,” Mr Aferi told me just last week.
However, he bemoaned the current situation farmers are facing “We have exploited our creativity, our imagination and our muscles. There is a limit to productivity using only human labour and ingenuity. We now want to grow bigger but without funding there is little we can achieve in our bid to grow and develop.”
Mr Aferi like, his colleagues, uses about one ton of wheat bran to prepare feed for his birds, pigs, snails and fishes every week. When Food Complex was in operation, they had their wheat bran without problem. Today, there are mafia connections in the wheat bran trade.
According to all the livestock farmers I’ve spoken to, it is hard to get wheat bran from GAFCO or Irani Brothers directly. They allege that the companies prefer to sell to some wealthy women and top business-men who can buy wheat bran on conditional basis (that is together with flour and other products of the companies), than to farmers.
Then these women and businessmen through their agents resell the bran to the poor farmers at cut-throat prices. I don’t think the system is being fair to farmers. It is indeed a tragedy for the farmers who through their sweat and blood the nation is fed.
“We protest heart and soul,” one farmer yelled at me as if I was responsible for their plight. “How can I feed my birds and pigs satisfactorily if I cannot get wheat bran at the factory price? We disagree that because we are poor, things should be made difficult for us. The rich must not be allowed to exploit us like that.”
The proprietor of Soka Farms, Mr Aferi, for instance has risen from the discomfort of the dust and hardness of the earth to such an enviable height to be an award winner who now holds seminars for farmers, students and officials of organisations on his farm near the Ashiaman-Michel Camp barrier. He must be propped up, even if not with money with inputs on credit basis.
The government must think about setting up a special fund for such individual farmers to grow, while preventing them from cheats and those in the cloak of the mafia.
This article was first published on Saturday, September 21, 1996
Features
Mystery surrounding figure five
There seems to be something mysterious about the figure five or numbers ending in five. A few days ago I realised it was June 3, so I called my brother-in-law, to talk about his narrow escape from the disaster which occurred at circle in 2015.
It is a date that reminds the family each year of the goodness of the Lord every year since the incident. My brother-in-law had been standing and chatting with some friends at one of the shops that got burnt less than an hour before the incident happened.
Therefore for us as a family, we celebrate that day as a day of deliverance of one of us even as we sympathise with those who lost loved ones in that fire disaster. Later on after I finished talking to my brother-in-law and was reflecting on the incident and issues around it, another incident early on in that same year, came to mind.
The incident had to do with an air disaster in Europe and I began wondering if the number five in the figure 2015, had something to do with it.
Reports came through that a Lufthansa flight from Barcelona in Spain, flying to Germany, had disappeared from the radar around the Swiss Alps and that a search was being organised to try and locate it.
The result of the search established that the aircraft had crashed. What is even sad about this incident are the issues that led to its occurrence. Investigations conducted after the crash revealed that, it was deliberately caused.
It was revealed that, the pilot steeped out of the cockpit to go to the washroom. The co-pilot locked the door so no one could enter the cockpit without him opening it.
He then proceeded to set the aircraft on autopilot to crash the plane. When the Pilot realised that there was something wrong with the plane he rushed towards the cockpit, only to realise that it was locked.
He banged on the door to no avail. They tried contacting the co-pilot but he would not answer. Nothing in this world will be more painful than to see death coming and being helpless to prevent it. They could do nothing until the plane crashed.
A former girlfriend of the co-pilot revealed later to the investigators that he once told her that one day, he would do something that the world will forever remember his name. It came out later also, that he was told by his Doctor not to fly a plane again until his medical condition improves.
Apparently he had a mental problem but he kept it to himself and his employer never knew anything about his condition and he sadly killed high school students, about 60 from the same school, returning home from an educational tour in Spain.
This is one thing I have been praying against and I can imagine the grief of the parents of these students who tragically lost their lives.
In 2005, there was Hurricane Katrina which brought in its wake such a huge devastation in the United States. In that same year, an earthquake occurred in Kashmir resulting in over 86,000 people losing their lives, again note the last digit of the figure 2005.
I am therefore inclined to believe that we need to intensify prayer this year, 2025 to avert disaster. History has a way of repeating itself. Until I grew up, especially at the secondary school level, I wondered why we should study history and that apart from it being a reminder of dates on which certain events occurred, there was really no use for it.
I now know better that it is the basis for forecasting future events. Our teachers did not help us by not telling us the importance of history, maybe I would have become the National
By Laud Kissi-Mensah