Features
Collective management organisations and efforts to protect rights owners (Part 1)
- /home/u249204778/domains/spectator.com.gh/public_html/wp-content/plugins/mvp-social-buttons/mvp-social-buttons.php on line 27
https://spectator.com.gh/wp-content/uploads/2022/03/Copyright-law-Pix.jpg&description=Collective management organisations and efforts to protect rights owners (Part 1)', 'pinterestShare', 'width=750,height=350'); return false;" title="Pin This Post">
- Share
- Tweet /home/u249204778/domains/spectator.com.gh/public_html/wp-content/plugins/mvp-social-buttons/mvp-social-buttons.php on line 72
https://spectator.com.gh/wp-content/uploads/2022/03/Copyright-law-Pix.jpg&description=Collective management organisations and efforts to protect rights owners (Part 1)', 'pinterestShare', 'width=750,height=350'); return false;" title="Pin This Post">
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
Confronting newborn abandonment in Ghana: When a cry for help is heard in a dustbin – Part 2
The root causes: It is never just one reason
My years of counselling at CPAC show me abandonment is rarely an act of malice. It is the tragic endpoint of seven overwhelming distresses:
1. Severe maternal mental illness —The hidden emergency
a) Clinical Postpartum Depression (PPD): This is far beyond “baby blues.” It is a severe mood disorder that can appear weeks to months after birth. Due to a massive drop in hormones, extreme sleep deprivation, and emotional exhaustion, the mother feels deep sadness, worthlessness, and complete emotional numbness towards her baby. Picture: A new mother sits by her bed all day, staring blankly. Her baby cries for hours, but she cannot lift her hands to carry the baby. She whispers, “This baby would be better off without me.” She does not hate the baby; she feels she has completely failed as a mother.
b) Peripartum Psychosis (Postpartum Psychosis): This is a psychiatric emergency. Rare but extremely dangerous, appearing suddenly within the first 2-3 weeks after delivery. The mother completely loses touch with reality. She hears commanding voices telling her to abandon the baby, or believes the baby is possessed by an evil spirit or is a “spirit child” who will bring a curse. Picture: A mother genuinely believes she heard a voice saying, “Leave this child at the crossroads at midnight or your family will die.” She abandons the baby not out of hatred, but because her broken mind believes she is obeying a higher spiritual order to save her family.
c) Pre-existing untreated Schizophrenia: This is a chronic, severe mental disorder that existed before the pregnancy. The stress of pregnancy and labour shatters her fragile coping. She suffers from paranoid delusions — believing people want to poison her and the baby — flat affect (zero facial expression), and grossly disorganised thinking, making it impossible to plan how to feed or clean a baby. Picture: A young woman whose family called her illness “spiritual attack” instead of taking her for medication wanders away after delivery, completely forgetting she even gave birth, leaving the infant behind.
2. Extreme socio-economic deprivation: For many girls in some parts of Ghana such as Kasoa, Madina, or Bekwai, poverty is not a statistic; it is a daily panic. No money for antenatal care, no money for hospital delivery, no money for baby diapers or formula. When a mother cannot feed herself, the thought of feeding another mouth feels impossible. Some mothers say, “I left her where someone richer would find her, because I could not watch her starve to death in my hands.” It is a distorted act of survival.
3. Intense societal stigma and shame: In Ghana, pregnancy outside marriage, teenage pregnancy, or pregnancy from rape can bring extreme family rejection. The girl is called “spoilt,” beaten, banned from church, or sacked from school. The fear of bringing shame to the family name is heavier than the fear of police. So she hides the pregnancy for 9 months, delivers alone, and abandons in secret to protect her family’s “honour.”
4. Paternal abandonment — The Man Who Ran Away: Behind almost every abandoned baby is a man who vanished. He says, “It is not mine,” or “Abort it,” and switches off his phone. The mother is left utterly isolated — no emotional, financial, or social support. She is criminalised alone, but the abandonment started with him. Psychological research shows paternal denial is one of the strongest predictors of maternal panic and newborn abandonment.
5. Substance abuse disorders: Alcohol, tramadol, and other drug addiction impair the brain’s executive functioning — the ability to plan, judge consequences, and process emotions. A mother struggling with addiction may give birth in a highly intoxicated or withdrawal state, unable to comprehend the needs of the newborn, leading to neglect and eventual abandonment.
6. The spirit child cultural phenomenon and superstition: In some remote pockets of Northern Ghana and even in few parts of Central and Ashanti regions, public health research shows babies born with congenital deformities, severe disabilities, or whose mothers die in childbirth are branded as “spirit children” or cursed. In extreme instances, families, under cultural pressure, mandate that such babies be exposed or abandoned at shrines or bushes. This is not mental illness, but a harmful cultural belief system that still kills.
The invisible wounds
On the baby: Risk of death from hypothermia, sepsis, and infection. Survivors suffer Anaclitic Depression and Failure to Thrive due to lack of touch. As adults, they battle Reactive Attachment Disorder, chronic mistrust, and identity crisis — “Why did my mother leave me in a dustbin?”
On the mother: Lifelong hidden grief, intense guilt, chronic PTSD, depression, and elevated suicide risk. A prison cell does not heal this.
On the nation: Overburdened orphanages like Osu Children’s Home, draining health budgets, and overworked Social Welfare officers.
SKIP THE QUEUE, TAP THE NEWS
You can now read the Ghanaian Times and The Spectator newspapers from the comfort of your device via TimesNewsPlus.
Join our WhatsApp Channel: https://whatsapp.com/channel/0029VbBElzjInlqHhl1aTU27
“There is no one righteous, not even one; there is no one who understands; no one seeks God. But now a righteousness from God, apart from law, has been made known, to which the Law and the Prophets testify. This righteousness from God comes through faith in Jesus Christ, to all who believe. For there is no difference; – Rom. 3:10, 21-22. (NIV)
Introduction
Dictionaries define righteousness as “behavior that is morally justifiable or right.” Such behavior is characterized by accepted standards of morality, justice, virtue, or uprightness. The Bible’s standard of human righteousness is God’s own perfection in every attribute, every attitude, every behavior, and every word. Thus, God’s laws, as given in the Bible, both describe His own character and constitute the plumb line by which He measures human righteousness.
The bad news is that true and perfect righteousness is not possible for man to attain on his own; the standard is simply too high. The good news is that true righteousness is possible for mankind, but only through the cleansing of sin by Jesus Christ and the indwelling of the Holy Spirit. We have no ability to achieve righteousness in and of ourselves. But Christians possess the righteousness of Christ, because “ For He made Him who knew no sin to be sin for us, that we might become the righteousness of God in Him.” – 2 Corinthians 5:21. This is an amazing truth. On the cross, Jesus exchanged our sin for His perfect righteousness so that we can one day stand before God and He will see not our sin, but the holy righteousness of the Lord Jesus.
Establishing our hearts in righteousness
“Keep your heart with all diligence, for out of it spring the issues of life” – Proverbs 4:23
According to the above verse in Proverbs, our heart is the source of our life. Our life flows from our heart. The Holy Spirit resides in the spirit of the born again Christian. So there is a strong influence of the Holy Spirit in the heart of the new-born Christian. But our heart is also comprised of our soul. As Christians we can choose to focus our soul on the Lord, or on evil things. If we focus on corrupt, immoral, and evil things our heart will be affected detrimentally. It will cause our heart to be crooked or wicked, instead of straight or righteous. So the Scripture says to keep, or guard, our heart. It is wise to protect our heart as what we allow to dominate our heart will inevitably become the fruit, or influence the outcome, of our lives.
One way to approach life is to continually ask the question, “How will this decision or action affect my heart?” Everything we do, every thought we entertain, everything we watch, read, or listen to, shapes our heart. Therefore, the future prosperity of our life will flow from how well we care for our heart.
Think of everything you do, every moment of time, as a seed. We have been given responsibility for choosing which seeds to plant in our heart. What will you grow in the garden of your heart? What seeds will you choose? Our heart is our garden, and our life is the fruit of our garden. So next time you are tempted to dwell on a bad thought, think, “Do I want this seed to grow and manifest in my life?” Next time you are tempted to indulge in a sinful action ask yourself, “Do I want the extension, or fruit, of this sinful action to be what I am known for?”
God gives us the freedom to plant whatever we like in our garden. God loves us regardless of the good or bad choices we may make in our lives. You may be reaping the fruit of some poor choices right now. And God is still saying, “I love you.” But He has wise advice for us; He desires we have a good life. He says, “Guard you heart with all diligence.” This Hebrew word translated ‘diligence’ conveys the meanings of: prison and guard (ibid). A superintendant of a prison is very particular as to what goes in and out of his prison. A prison has very tight security. Just as a superintendant watches over his prison, so we should also supervise our heart (our lives). We should exercise meticulous security with regards to what enters into our heart. Actually, even what comes out of it, as the Scripture says, “ Wherefore, my beloved brethren, let every man be swift to hear, slow to speak, slow to wrath” – James 1:19, as “For out of the abundance of the heart the mouth speaks.” –Matthew 12:34b.
If what goes into, and what comes out of, our heart determines the success of our lives, what is the first important principle to establish in our heart? “In righteousness you shall be established;” – Isaiah 54:14
Righteousness is the key foundational truth we need to first establish in our heart. Jesus said, “But seek first the kingdom of God and His righteousness, and all these things shall be added to you.” –Matthew 6:33. Notice Jesus said, “His righteousness”, not our own righteousness. We have to seek and understand God’s righteousness. Isaiah 54:14 says, “Their righteousness is of me, saith the Lord.” God’s righteousness comes from God, not from within us. Humans cannot make themselves God’s righteousness, as all humans have sinned and are therefore inferior to God. God’s righteousness is a gift from God: “ For He made Him who knew no sin to be sin for us, that we might become the righteousness of God in Him.” – 2 Corinthians 5:21
Righteousness, or right standing with God, has been attained for us through the exchange Jesus made on our behalf. Jesus took our sin and gave us His righteousness. God’s righteousness is imparted to us when we are made a new creature in Christ – 2 Corinthians 5:17. This righteousness is a gift from God and undeserved by us: “For if by the one man’s offense death reigned through the one, much more those who receive abundance of grace and of the gift of righteousness will reign in life through the One, Jesus Christ.”- Romans 5:17
Through our faith in Jesus’ blood, shed to remit our sins – Romans 3:25, God imparts righteousness to us by His grace. We actually become a new righteous creation, fully identifying in Jesus’ death, burial, resurrection and ascension. This is the foundational miracle we need to understand and have established in our heart. All the other miraculous promises of God come the same way, by God’s grace through faith. Righteousness must be established in our heart for us to truly have faith to receive our rich inheritance in Christ. Jesus has been made unto us righteousness (1 Corinthians 1:30). We are now “For all the promises of God in Him are Yes, and in Him Amen, to the glory of God through us”. – 2 Corinthians 1:20
Establishing our minds in righteousness
God expects that, when we accept Jesus Christ as our Lord and Savior, we will be radically changed. In Romans 12:2 He tells us, And do not be conformed to this world, but be transformed by the renewing of your mind,
This transformation is to be a metamorphosis, of a magnitude at least comparable to that by which a caterpillar becomes a butterfly. He expects us to become totally different.
Scripture uses many different images to express the change that should occur: We become “a new creation; old things have passed away; behold, all things have become new.“ – 2 Cor 5:17. It is almost as if we become a new species. Scripture speaks of the “first Adam” who was earthly and fell into sin, and the “second Adam” (Jesus Christ) who was sinless and holy – Rom. 5:12-19; 1 Cor 15:44-49.
We are “made new in the attitude of our minds” – Eph. 4:23.
We “put off our old self” and “put on the new self” – Eph. 4:22,24; Col 3:9-10.
We “live by the Spirit” and not by the flesh – Gal. 5:16; Rom 8:13.
We become “instruments of righteousness” rather than “instruments of wickedness” – Rom. 6:13.
Each of these metaphors, in a different way, emphasizes the magnitude of the change that is expected. Each is dramatic and astonishing in itself; their cumulative effect is even more powerful. We are talking about a tremendous transformation. It should be visible to others, but its internal effect should be far greater than what others can perceive.
The goal of this transformation
What is the goal of this metamorphosis? Scripture states it in a number of different ways, which overlap and can be seen as different ways of expressing the same basic concept. Scripture often does this, because our minds are inadequate to comprehend, and our language inadequate to express, the full scope of God’s revelation to us.
To be continued!
Stay blessed!
For further inquiries please contact us on Tel Nos. 0243588467 or 0268130615
Email: saltnlightministries@gmail.com
Website: saltandlightministriesgh.org
SKIP THE QUEUE, TAP THE NEWS
You can now read the Ghanaian Times and The Spectator newspapers from the comfort of your device via TimesNewsPlus.
Join our WhatsApp Channel: https://whatsapp.com/channel/0029VbBElzjInlqHhl1aTU27
