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Collective management organisations and efforts to protect rights owners (Part 1)

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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:

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(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:

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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:

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• 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.

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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)

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3D illustration of two rubber stamps with copyright word and symbol over kraft paper background, Concept of copyrighted material

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);

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(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)

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2. Hotels

3. Restaurants and bars

4. Night clubs, drinking bars and pubs

5. Financial institutions

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6. Fuel retailing stations

7. Telecommunication operators

8. Live performance by various event organisers

9. Shops and malls

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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”]

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Beyond the ribbon: Unveiling the complex realities of breast cancer (Final part)

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Public awareness campaigns have successfully cast breast cancer into the global spotlight, typically framed through a uniform lens of pink ribbons, early detection drives and triumphant stories of survival. While these initiatives have driven vital mammography compliance and research funding, they often perpetuate a sanitised narrative. Beneath the polished public messaging lie complex, less-discussed clinical realities and emotional burdens that patients, families and healthcare providers must navigate long after the initial medical milestones have passed.

Moving towards an honest discourse

Acknowledging these untold truths does not diminish the incredible advancements achieved in modern oncology; rather, it humanises the patient experience. Expanding our cultural understanding beyond the simplistic “warrior” trope allows for deeper institutional support, better long-term medical management and genuine empathy for the lifelong journey of survivorship.

When people see breast cancer in movies or awareness campaigns, they usually see a neat story: someone gets diagnosed, goes through treatment, rings a celebration bell and goes right back to normal.

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In real life, the journey is much more complicated. Let us break down five “hidden truths” about breast cancer using everyday examples.

Truth 1: The “Post-Treatment Cliff” (Life after treatment)

What it means: Everyone thinks that once medical treatments, such as surgery or chemotherapy, are over, the patient instantly returns to their old self. In reality, that is when a whole new set of challenges begins.

The example: Imagine finishing a gruelling uphill marathon. You cross the finish line, but your legs are still shaking, you are exhausted, and everyone else goes home while you are left trying to recover. Many survivors deal with long-term side effects, such as constant tiredness, numbness in their fingers or swelling, called lymphoedema, for years.

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Truth 2: Catching it early is great, but not a magic shield

What it means: Early detection saves lives, but some types of cancer are so aggressive that even a small tumour can behave like a runaway train.

The example: Think of weeds in a garden. If you spot a weed early, you can usually pull it right out. But certain aggressive “weeds” spread seeds everywhere or grow roots so fast that even finding them early does not stop them from trying to pop up somewhere else later.

Truth 3: The long, hard marathon of daily pills

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What it means: For many survivors whose cancer is hormone-receptor-positive, treatment does not stop when surgery ends. They may have to take hormone-blocking pills every day for five to ten years.

The example: These daily pills act like security guards keeping the enemy away, but they can also bring troublesome side effects, such as joint stiffness, sudden hot flashes or weakened bones. Because of this, taking the medication can feel like a daily chore that reminds patients of the cancer for a decade.

Truth 4: People we forget about (Men and young adults)

What it means: Public campaigns often focus on older women. Because of this, other groups affected by breast cancer may be caught off guard.

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The example: Men can develop breast cancer, too, because they are born with a small amount of breast tissue. However, because some men think it is a “women’s disease”, they may ignore an unusual lump in their chest for months, resulting in a later diagnosis. Young adults under 40 face a different shock, having to worry about fertility, having children and career interruptions right in the middle of building their lives.

Truth 5: The hidden price tag (Financial stress)

What it means: A medical diagnosis brings a heavy second burden: financial strain.

The example: Even with good health insurance, additional costs can pile up quickly, including specialised scans, genetic testing, expensive prescription drugs and taking weeks or months off work to recover. It can feel like dealing with two crises at the same time: trying to heal the body while worrying about bills.

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Talking about these harder truths does not mean we should not celebrate survivors. It simply means we need to understand the real, full picture of what people go through.

By Robert Ekow Grimmond-Thompson

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To Damascus and back

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A couple having challenges
A couple having challenges

As soon as a married man becomes infected with the he-goat mentality, he is bound to forget that he has a wife.

It is often a tragedy because he can completely lose focus and generally start misbehaving. He considers his wife a headache, at best a pain in the neck.

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The man has got a new girlfriend and is excited. And when he sees his wife, he wonders what she is doing in his home. Maybe she is only a stray dog in need of shelter. And Jesus Christ, won’t she just keep out of the way?

The married man who has gone into extramarital affairs is half the time engaged in mindless fantasy. He is engrossed in devising many ways to please his newfound lover. And if the girl is explosive in bed, the fantasy could spiral into the fourth dimension.

It could be that his wife is basically an “old layer” who can no longer take him to the heavens and back. The girlfriend, however, can take him on a trip into space, meandering through the galaxy of stars, down the Milky Way. It can be an experience of a lifetime.

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Normally, after such a trip, the married man will forget that he even has a home and children. He becomes a fugitive.

What he needs is deliverance. So his wife will go to the pastor and tell him that her husband has developed very strange symptoms.

First, the man is behaving practically like a he-goat, sniffing desperately after young women. Secondly, he cannot find his way back home.

The pastor is likely to diagnose the ailment on the spot. He does not need to conduct a blood test to offer a prognosis. “It is the spirit of lust,” the man of God will say. “The Lord is in control.”

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Sometimes prayers are effective, and the man heads back home. For very curious reasons, he remembers that he had lost his way. So he returns to his family, wondering what might have been happening to him. So long!

Other times, prayer worsens the case. It is not that the prayers are not being answered. God has only given the lecherous bloke a long rope on his own balls. It is as if the prayers drive him further and further away from the world of reason. For as long as three years, his soul is restless. It is in bondage!

The man forgets that the young girl he has been riding will one day marry and leave him in the cold. That day will surely come.

Now, when a married man is jilted by his girlfriend, he remembers that he has a wife. He had almost forgotten that he went and wedded a woman and called her his wife.

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The jilted man will lick his wounds and trace his way back home. His wife would wonder whether he had lost his way. Anyhow, she will welcome him back home.

He becomes the loving husband he once was, and his wife is amazed. What might have happened to her man? Was he struck on the way to Damascus? Or on his way back?

When the man is sober, he will decide to calculate how much he has spent on that useless girl who said she was going to get married to some equally useless cockroach.

He realises that, in the short span of sexual enjoyment and extramarital bliss, he has lost all his lifetime savings, enough to build two-storey buildings.

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Last Saturday, some youths who distinguished themselves in various endeavours were awarded at an excellence awards ceremony.

The males should always have it at the back of their minds that chasing women is what brings down both the weak and the strong, the poor and the rich, the lettered and the unlettered.

This article was first published on Saturday, August 26, 2006.

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