Features
Collective management organisations and efforts to protect rights owners (Part 1)
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[This piece is culled from a study conducted byMagnus Ebo Duncan (PHD), titled: “Economic
contribution of copyright companies in Ghana”]
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.
There is a culture that permeates all aspects of leadership in the advanced countries which I believe has contributed to the success in all aspects of their national lives. Citizens strive to excel so that they will not find themselves in a situation where they would have failed, to necessitate a decision to resign.
Countries where failure is frowned upon, it pushes the citizens to strive for success. In our part of the world, failure and mediocrity has become an accepted norm and therefore, there is no shame in failing in a particular position of leadership.
A head of an organisation mismanages the place and he does not see the need for him to resign. The appointing authority does not also see the need to sack him and so the merry go round continues.
It becomes friends and family as usual and if care is not taken, the rest of the world will leave us far, far behind.
The practice of resignation in parts of the world for failure in some parts of the world has to be institutionalised in our country too. It encourages the principle of accountability which is good for any organisation, sector of an economy or a country.
It promotes good governance, a necessary ingredient in the growth of the economy of any country.
When this practice becomes a culture, every individual, privileged to hold a position of trust, gives his or her full attention to the job assigned him or her, to ensure that objectives are achieved.
This trickles down to every individual down the chain of command and there are no rooms for errors.
That is how efficient systems are built over time and this is the difference between advanced nations and third world countries.
Where systems are designed such that people take responsibility for things that go wrong under their supervision or ultimate responsibility, there is evidence of development.
There are a few people that I admire in Ghana as far as this culture of resignation based on principled stance. One of them is the late Mrs Emma Mitchell. She was a cabinet member but chose to resign after the confrontation between late President Jerry Rawlings and late Vice President Kow Akaah.
She was not prepared to be part of a cabinet which was lying to the general public that Rawlings did not assault Akaah.
She was of the conviction that telling the truth is more honourable than telling lies and that if she was bound by confidentiality oaths to tell a lie, then she would resign and she did exactly that.
That is how we build a culture of truth and accountability. We have people in positions who have not lived up to expectation but are still holding on to their positions not prepared to let go of it.
This is a clear case of display of selfishness, trying to be a Boss instead of a Servant to serve the people, which leadership is all about.
The ineffectiveness of some leaders, often result in waste of resources which could have been channeled to other sectors of the economy which could have been more productive. A culture of voluntary resignation must be advocated for by all stakeholders, especially the CSOs, traditional leaders and the clergy.
This is the only way the needed growth in every sector of our national life would manifest.
Presidents, Prime Ministers, heads of reputable organisations have voluntarily resigned by taking ultimate responsibility and it is about time, we started seeing it manifest in our country.
The people in charge of our sports especially our soccer, can initiate this long desired culture and resign in view of the embarrassment witnessed from the defeat of the Black Stars by Gambia. God bless.
BY LAUD KISS-MENSAH
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THE QUR’AN FORBIDS RELIGIOUS PROVOCATION
There is a remarkable verse in the Qur’an which every Muslim preacher should memorise.
Allah says:
“And do not insult those they invoke besides Allah, lest they insult Allah in hostility without knowledge.” (Qur’an 6:108).
Think about this carefully.
Allah knows that the unbelievers worship false gods.
Yet Allah tells Muslims: Do not insult their objects of worship.
Why?
Because your speech may provoke an even greater offence.
This establishes a profound principle:
A Muslim must not fight religious provocation with religious provocation.
If someone insults what we hold sacred, we do not respond by insulting what they hold sacred.
If someone attacks Islam, we defend Islam with knowledge.
If someone misrepresents Muhammad (pbuh), we explain who is Muhammad to him.
If someone lies about Islam, we answer with truth and knowledge.
We do not allow another person’s bad behaviour to dictate our own morality.
LOOK AT MUHAMMAD (PBUH) — HE WAS INSULTED BEFORE WE WERE
Servant of Allah,
Sometimes we speak as though the Prophet (pbuh) lived in a world where everyone respected him.
No.
He was mocked and insulted. Quran 37:36, Quran 15:6
He was called a liar, magician, and a mad man. Quran 51:52, Quran 17:47
He was ridiculed. Quran 6:10
His followers were tortured, and some were killed. Quran 85:8-10
He himself was persecuted, leading to his migration to Madina.
Yet he remained the Messenger of Allah.
Allah said:
“Indeed, we know that your heart is distressed by what they say.” (Qur’an 15:97)
Allah acknowledged the Prophet’s pain.
Islam does not say that insults do not hurt. They hurt.
But the question is: What do you do with the pain?
THE DAY OF TA’IF: WHEN THE PROPHET (PBUH) COULD HAVE CHOSEN
REVENGE
One of the most powerful examples is the journey of the Prophet (pbuh) to Ta’if.
He went seeking support for his message.
Instead, the people rejected him and incited their children and others against him.
He was chased.
He was insulted.
He was struck with stones until his feet bled.
He was physically and emotionally exhausted.
Then the Angel of the Mountains came to him.
The two angels offered to crush the people of Ta’if between the mountains.
The Prophet (pbuh) could have said: “Do it.”
But he did not.
Instead, he hoped that Allah would bring from their descendants people who would worship Him.
This account is recorded in the authentic hadith literature, including Sahih Muslim (Muslim, 1795).
What a lesson!
The Prophet (pbuh) had suffered injustice.
But he did not turn his pain into indiscriminate revenge.
He saw beyond the offender.
He saw the possibility of tomorrow.
And this is one of the greatest characteristics of prophetic leadership:
The Prophet (pbuh) did not merely ask, “What punishment does this person deserve?”
He also asked, in effect: “What can this person become?”
THE PROPHET IN MADINAH: LEADER OF A DIVERSE SOCIETY
When Muhammad (pbuh) migrated to Madinah, he did not enter an empty city.
Madinah contained different communities, including Muslims and Jews, and there were also Christians who interacted with the Muslim community.
The Prophet became the political and communal leader of Madinah.
The Sahifah (A Covenant) of Madinah, preserved in the early sīrah (Prophet’s biography) tradition, established arrangements concerning mutual obligations, security, justice and relations among the communities of the city.
This is important:
The Prophet did not build Madinah by teaching Muslims to hate everyone who was not Muslim.
He built a society governed by covenant, responsibility and justice.
Allah says:
“Allah does not forbid you from being kind and just to those who have neither fought you because of your religion nor driven you from your homes. Indeed, Allah loves those who act justly.” (Qur’an 60:8)
This is not weakness.
This is Islam.
THE PROPHET DEALT WITH JEWS IN MADINAH
‘A’ishah (Wife of the Prophet) narrated that the Prophet (pbuh) bought food from a Jewish man on credit and gave him his iron armour as collateral.
“The Prophet purchased food from a Jew on credit and mortgaged his iron armour to him.” (Sahih al-Bukhari, 2068)
Think about it.
This was Muhammad.
The Messenger of Allah.
Yet he conducted lawful commercial dealings with a Jewish citizen.
He did not say: “He is not a Muslim, therefore I cannot deal with him.”
No.
Islam gave him a relationship governed by justice and trust.
Jabir رضيهللاعنه narrated:
“A funeral procession passed before us and the Prophet (pbuh) stood up, and we stood with him. We said, ‘O Messenger of Allah, it is the funeral of a Jew.’ He said: ‘When you see a funeral procession, stand.’” (Sahih al-Bukhari, 1311)
Another narration records his response: “Is it not a soul?” (Sahih al-Bukhari, 1312–1313)
What kind of heart did Muhammad (pbuh) possess?
A heart that recognised human dignity even in death.
THE PROPHET AND THE CHRISTIANS OF NAJRAN
The Prophet also received the Christian delegation of Najran.
They disagreed with him theologically.
Yet when they requested a trustworthy person, he did not choose someone because of hatred.
He selected Abu ‘Ubaydah ibn al-Jarrah.
The Prophet said:
“I shall send with you a man who is truly trustworthy.”
He then appointed Abu ‘Ubaydah.
This is authentically reported in Sahih al-Bukhari 4380–4381.
Notice something profound:
The Prophet could disagree with people without becoming dishonest toward them.
That is the standard we need today.
The author is the chief Imam of Katamanso Municipal and Certified Counsellor and Governance Expert.
