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

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Copyright law

[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.

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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.

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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.

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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)

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• 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.

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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

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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.

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

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).

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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

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4. Night clubs, drinking bars and pubs

5. Financial institutions

6. Fuel retailing stations

7. Telecommunication operators

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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.

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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.

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Confronting newborn abandonment in Ghana: when a cry for help is heard in a dustbin- Part 1

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“A woman who abandons her baby in a dustbin at Kasoa Lorry Station is not always a wicked woman. Sometimes, she is a wounded woman whose mind has broken, whose family has rejected her, and whose society has left her with only one terrible option: disappear or be disgraced.”

That is the hard truth Ghana must hear.

In the last 10 days alone, our nation has been confronted with the same painful headline, twice.

Case 1 – Kasoa Main Lorry Station, Central Region: A newborn baby girl was found abandoned inside a dustbin at the public toilet of the Kasoa Main Station. A woman who went to use the facility discovered the infant and raised an alarm. Commercial drivers and bystanders quickly retrieved the baby and rushed her to the Kasoa Polyclinic for emergency medical care.

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Case 2 – Asante Bekwai, Ashanti Region: On Thursday morning, August 20, 2026, a two-week-old neonate was reportedly abandoned by an unknown nursing mother at Bekwai in the Ashanti Region. Residents who came across the child raised the alarm. The baby was admitted to the Bekwai Government Hospital as police commenced investigations.

Let me be clear from the start: Newborn abandonment is wrong. It is dangerous. It is criminal. And it can kill. This article does not excuse it. But if we only arrest and shame, we will never stop it. We must treat the root, not just punish the fruit.

What exactly is newborn abandonment? – The two definitions

The Legal Definition: Under Ghana’s Criminal Offences Act, 1960 (Act 29), Section 96, and the Children’s Act, 1998 (Act 560), abandonment of a child under 12 years is a criminal offence. It is classified as exposure and abandonment, punishable as a misdemeanor or felony. The law sees the mother as a perpetrator.

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The Psychological definition: In clinical textbooks, newborn abandonment is defined as the intentional, permanent relinquishment of all parental rights, care, and responsibilities over an infant within the first 28 days of life without making formal, legal arrangements for care.

To understand this crisis properly, we must not confuse it with child abandonment. Newborn abandonment happens within 0-28 days of life, often driven by acute panic, denial of pregnancy, or postpartum psychosis where the attachment bond never formed. Child abandonment, on the other hand, involves toddlers to teenagers where a bond existed but collapsed over time due to chronic poverty, family breakdown, or parental burnout. One is an acute crisis of the first month; the other is a chronic breakdown over years. Both are harmful, but they need different interventions.

Psychologically, newborn abandonment is the ultimate rupture of the primary attachment bond. Think of a 19-year-old university student who secretly gives birth alone in her hostel room, wraps the crying baby in a polythene bag, and drops it at a refuse dump at midnight. That is not just a crime scene; it is a scene of extreme panic and psychological dissociation.

Why would a mother carry a baby for 9 months and then abandon it?

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This is the question every Ghanaian asks. If you wanted to abandon it, why not abort? The answer is deeply psychological:

1. The psychodynamics of denial of pregnancy: This is a profound defense mechanism, not a lie. The mother’s subconscious mind completely rejects the reality of the pregnancy. She does not gain weight normally, feels no kicks, does not seek antenatal care, and genuinely convinces herself she is not pregnant until sudden, shocking labour pains take her by surprise in a toilet or bedroom.

2. Fantasy of a dissolving problem: This is called cognitive avoidance. She believes “my boyfriend will come back,” “my mother will forgive me,” or “something miraculous will happen before birth.” So she waits, paralyzed, until the baby is here.

3. Barriers to safe abortion: Deep religious guilt, moral anxiety, fear of dying from a back-alley abortion, lack of money for a safe procedure, and family laws force her to carry to term even when she feels incapable.

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4. The shock of reality and acute panic: Upon delivery, the physical presence and crying of the newborn shatters all denial. Confronted with immediate exposure, shame, and reality, her brain enters a trauma response — “fight, flight, or freeze.” For many, it becomes “flight” — physically escape the threat of exposure to survive socially. That is why babies are left in places where others will find them -lorry stations, churches, hospitals.

Source:

Counselor Prince Offei, CPAC’s founder, is a leading Mental Health Professional, Marriage Counsellor, Author, ADR Expert/Arbitrator, and Spectator Newspaper Columnist. He writes on relationships, marriage, parenting, special needs support, and their connection to mental health. For therapy, counselling, or enquiries, contact Counselor Prince & Associates Consult (CPAC) in Accra on 0559850604 / 0551428486.

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Environmental stewardship is an act of worship: The Islamic response to climate change, environmental degradation (Part 4)

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The environmental consequences of illegal mining have reached alarming levels in Ghana. Several major rivers, including the Pra, Ankobra, Offin, Birim and Tano, have experienced significant pollution from illegal mining activities, increasing the cost and complexity of water treatment while threatening the availability of potable water for millions of citizens (Water Resources Commission, 2024; Ghana Water Limited, 2024). These developments underscore the urgent need for stronger environmental governance and collective action.

Islam equally emphasises accountability in governance. The Prophet Muhammad (peace be upon him) taught that every leader is responsible for those under his or her authority (Sahih al-Bukhari, Hadith 7138; Sahih Muslim, Hadith 1829). This principle extends to public officials entrusted with environmental regulation, traditional authorities responsible for communal lands, mining companies, local assemblies, and community leaders. Environmental protection cannot succeed
where accountability is absent.

At the same time, addressing galamsey requires more than law enforcement. Sustainable solutions must tackle the underlying socio-economic realities that drive individuals into illegal mining. Many young people are motivated by unemployment, poverty, and limited economic opportunities. Islamic principles of social justice therefore call for the creation of alternative livelihoods through sustainable agriculture, vocational training, responsible small-scale mining under strict environmental standards, entrepreneurship, and skills development. Environmental protection and economic empowerment should not be viewed as competing priorities but as complementary goals that promote human dignity and national development.

Faith communities also have an indispensable role to play. Mosques, churches, schools, traditional councils, and civil society organisations possess significant influence in shaping public attitudes and behaviours. Imams, in particular, should consistently remind congregations that wealth acquired through actions that destroy communities and Allah’s creation cannot be regarded as a blessing. Religious education should cultivate environmental ethics alongside spiritual devotion, reinforcing the understanding that protecting rivers, forests, and farmlands is an expression of gratitude to Allah and a fulfilment of the trust of Khalifah.

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Ultimately, the struggle against galamsey is more than a campaign to protect natural resources; it is a struggle to uphold justice, preserve human dignity, and honour the trust that Allah has placed upon humanity. Lasting solutions will require strong governance, responsible citizenship, sustainable economic opportunities, and renewed moral leadership. Only when these elements
work together can Ghana safeguard its natural heritage for present and future generations.

Water conservation, waste management and sustainable development: Practical expressions of Islamic stewardship

Religious education should cultivate environmental ethics alongside spiritual devotion, reinforcing the understanding that protecting rivers, forests, and farmlands is an expression of gratitude to Allah and a fulfilment of the trust of Khalifah.

Ultimately, the struggle against galamsey is more than a campaign to protect natural resources; it is a struggle to uphold justice, preserve human dignity, and honour the trust that Allah has placed upon humanity. Lasting solutions will require strong governance, responsible citizenship, sustainable economic opportunities, and renewed moral leadership. Only when these elements
work together can Ghana safeguard its natural heritage for present and future generations.

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Islam is not merely a religion that condemns environmental destruction; it also provides practical guidance for preserving and sustaining the natural world. Through its teachings on moderation, cleanliness, conservation, and responsible consumption, Islam cultivates an environmental ethic that remains remarkably relevant to contemporary challenges such as water scarcity, pollution, waste management, and climate change. These teachings encourage Muslims to become
responsible custodians of Allah’s creation in both private and public life.

Water conservation: A sacred responsibility

Water occupies a unique position in Islam as the source of life and an essential element of worship. Allah says, “And We made from water every living thing. Then will they not believe?” (Qur’an 21:30, Sahih International). This verse reminds believers that water is not merely an economic resource but a divine blessing upon which all living creatures depend. The importance of water is further reflected in Islamic acts of worship. Muslims perform ablution (wudu) before the five daily prayers and ritual bathing (ghusl) under prescribed circumstances.

Yet, despite its central role in purification, Islam strongly discourages wastefulness. The Prophet Muhammad (peace be upon him) once advised one of his companions not to waste water while performing ablution, even when using water from a flowing river (Sunan Ibn Majah, Hadith 425). This timeless guidance establishes the principle that abundance does not justify extravagance.
Conservation remains a religious obligation regardless of the apparent availability of natural resources.

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This Prophetic teaching carries profound implications for contemporary Ghana. Illegal mining has severely polluted many rivers, increasing the cost of water treatment and limiting access to safe drinking water for numerous communities. Climate change has also intensified seasonal variability in rainfall, placing additional pressure on freshwater resources (IPCC, 2023). Against this
backdrop, conserving water is no longer simply an environmental preference—it is a moral imperative grounded in Islamic teaching.

Water conservation should therefore become a shared responsibility among households, educational institutions, industries, and places of worship. Simple practices such as repairing leaking pipes, harvesting rainwater, protecting riverbanks, avoiding contamination of water bodies, and promoting efficient irrigation contribute to safeguarding one of Allah’s greatest blessings. Every effort to preserve water is an investment in public health, food security, and the
wellbeing of future generations.

Unfortunately, indiscriminate disposal of refuse remains a significant challenge in many communities. Plastic waste clogs drainage systems, contributes to flooding during the rainy season, pollutes rivers and beaches, and threatens marine ecosystems. Open burning of waste further degrades air quality and poses serious health risks, particularly for children and the elderly (UNEP,2024).

The author is Chief Imam of Katamanso Municipal and Certified Counsellor and Governnace Expert.

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