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”]
Attention-Deficit or Hyperactivity Disorder (ADHD) is often mistaken for laziness or indiscipline. In consulting rooms across Accra and in reports from school teachers, the pattern repeats: children who are bright but forgetful, parents who feel helpless, teachers who see incompleteness.
Research is clear-Barkley (2015) and others describe ADHD as a difference in the brain’s regulation of alertness, impulse and working memory, not a lack of effort.
The family’s role begins with structure. Regular sleep, predictable meal and homework times, and a simple visual list (uniform → books → water → corridor) provide the external scaffolding of these children need. Praise what is completed—“You opened the book and wrote the first sentence”-instead of rebuking what is missing.
Schools can help by seating the child front-row and centre, giving short written plus verbal instructions, allowing brief movement breaks, using quiet nonverbal cues and, where possible, grading effort and method as well as neatness. These adjustments reduce conflict and raise submission rates without lowering standards.
Couples and caregivers should share roles: one grounds, one pivots, and both protect rest. Shame-“bad parenting, bad child”-needs replacing with fact: different wiring, needs scaffolding.
Outcomes improve not by promises of perfection but by daily routines, clear limits and warmed connection. One homework slot kept, one instruction chunked, one calm repair after blurting-these small wins shift the family climate and let the child be seen beyond the label.
Resource
• CPAC (award-winning Mental Health and Counselling Facility): 0559850604 / 0551428486
Source: REV. COUNSELLOR PRINCE OFFEI’s insights on special needs support, relationships, and mental health in Ghana. He is a leading mental health professional, lecturer, ADR Expert/Arbitrator, renowned author, and marriage counsellor at COUNSELLOR PRINCE & ASSOCIATES CONSULT (CPAC COUNSELLOR TRAINING INSTITUTE) – 0551428486 /0559850604.
WEBSITES:
https://princeoffei22.wixsite.com/author
https://princeoffei22.wixsite.com/website
After two weeks of hectic activity up north, I drove to the Tamale airport, parked the car at the Civil Aviation car park as usual, paid the usual parking fee and boarded the plane for Accra.
Over the last two weeks, I had shuffled between three sites where work was close to completion.
One was a seed warehouse, where farmers would come and pick up good quality maize, sorghum and other planting material.
The other was a health facility for new mothers, where they were given basic training on good nutrition and small scale business.
And the third was a set of big boreholes for three farming communities.
The projects usually ran on schedule, but a good deal of time was spent building rapport with the local people, to ensure that they would be well patronised and maintained.
It was great to be working in a situation where one’s work was well appreciated. But it certainly involved a lot of work, and proactivity. And I made sure that I recorded updates online before going to bed in the evening.
When the plane took off, my mind shifted to issues in Accra, the big city. The young guys at my office had done some good work. They had secured five or six houses on a row in a good part of the city, and were close to securing the last.
When we got this property, unusually, Abena greeted them casually, and appeared to be comfortable in the guy’s company.
I was quite disappointed to hear that, because until the last few weeks, it seemed as if Abena and I were heading in a good direction. Apart from the affection I had for her, I liked her family. I decided to take it easy, and allow things to fall in whatever direction.
Normally I would take a taxi to her house from the airport, and pick her up to my place. This time I went to my sisters’ joint, where they sat by me while I enjoyed a drink and a good meal.
“So Little Brother,” Sister Beesiwa said, “what is it we are hearing about our wife-to-be?”
“When did you conclude that she was your wife-to-be? And what have you heard? I’ve only heard a couple of whispers. Ebo and Nana Kwame called to say that they have seen her in the company of—”
“Well said Little Brother,” Sister Baaba said. “By the way, Nana Kwame called an hour ago to ask if you had arrived because he could not reach you. Someone had told him that Jennifer had boasted to someone that she had connected Abena to a wealthy guy who would take care of her.”
I was beginning to understand. For some time, Abena had been asking me what work I was doing up north, and after I had explained it to her, she kept asking. So I think Jennifer fed her with false stories about me in order to get her to move to the Ampadu guy. Jennifer must have been well compensated for her efforts.
“In that case,” Sister Beesiwa said, “you should be glad that Abena is out of your way. She is easily swayed. Anyone who would make a relationship decision based on a friend’s instigation lacks good sense. I hope the guy is as wealthy as they say?”
“Who gets wealthy running a supermarket chain in Ghana?” Sister Baaba said. “Our supermarkets sell mostly imported products. Look at the foreign exchange rate. And remember that Ghanaians buy second-hand shoes and clothes. Supermarkets are not good business here. Perhaps they are showing off that they are wealthy, but in reality they are not doing so well.”
“Amen to that,” I said. “I’m beginning to understand. For some time, Abena had been asking me what work I was doing up north, and after I had explained it to her, she kept asking. So I think Jennifer fed her with false stories about me in order to get her to move to the Ampadu guy. Jennifer must have been well compensated for her efforts.”
She said that David Forson was only an agricultural extension worker in the north who did not have the resources to take care of a beautiful girl like her. And apart from being wealthy, the guy comes from an influential family, so Abena had done much better leaving a miserable civil servant like you for him.
“Amen to that,” I said. “I’m beginning to understand. For some time, Abena had been asking me what work I was doing up north, and after I had explained it to her, she kept asking. We would be able to sell all five houses to one big corporate customer, and we had already spoken to a property dealer who was trying to find a buyer in order to get a good commission.
That was going to be my biggest break. I had asked the boys to look for a large tract of land on the outskirts of the city where we could develop our own set of buildings, blocks of storey houses and upscale apartments. Things were going according to plan, and I was quietly excited. However, things were not going so well regarding my relationship with Abena.
My buddies Ebo and Nana Kwame had called to say that they met Abena and her friend Jennifer enjoying lunch with a guy, and Ebo believed that Jennifer was ‘promoting’ an affair between Jennifer and the guy. They were of the view that the promotion seemed to be going in the guy’s favour, because only an agricultural extension worker in the north who did not have the resources to take care of a beautiful girl like her.
And apart from being wealthy, the guy comes from an influential family, so Abena had done much better leaving a miserable civil servant like you for him.
“As I’ve already said, I will stop by her place, but I will mind my own business from now. Hey, let’s talk family. How are our parents? And my brothers-in-law? And my nephews and nieces? Why don’t we meet on Sunday? I’m going to drop my bags at my place, and go to see Mama and Dad.”
