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Collective management organisations and efforts to protect rights owners (Part 2)  

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In order to increase music users’ obligations, GHAMRO embarked on a number of programmes to ensure its members receive fair remuneration for their works. The programmes include training its members, computerising its database, sensitising users, signing agreements with user groups, and improving royalty collection methods (including the use of the copyright monitoring team). These activities led to annual increases in revenues.

There has been significant growth in revenue from both mechanical rights (private copying levy) and performance rights. There was an increase in revenue from performing rights of 162.7 per cent in 2015 over that of 2014, and an increase of 73.8 per cent in 2016. This trend clearly shows that the programmes designed to increase user obligations in the form of sensitisation and signing of agreements, together with improvements in collection methods, are yielding fruits.

REPROGRAPHIC RIGHTS ORGANISATION OF GHANA (COPYGHANA)

The initial effort towards the establishment of CopyGhana started in 1999 as a joint effort between the Ghana Association of Writers and the Ghana Book Publishers Association under the auspices of the Copyright Office. The organisation was officially named CopyGhana in 2000. Between 2003 and 2011, the Reprographic Rights Organisation of Norway (Korpinor), provided annual funding for the operation of CopyGhana.

CopyGhana is mandated under the Copyright Act of 2005 (Act 690) and the Copyright Regulations to serve as the Collective Management Organisation to license photocopying and some digital copying in the country. The organisation represents and protects the professional, economic, moral and other interests of members in Ghana and abroad.

The current member associations of CopyGhana are:

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• Ghana Association of Writers • Ghana Book Publishers Association

• Ghana Journalists Association

• Ghana Association of Visual Artists

• Ghana Union of Professional Photographers

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Collecting revenues for its members

Section 18 of the Copyright Regulations defines the mode for collecting revenues for the members of CopyGhana as follows:

1. A reprographic rights collecting society shall determine a fee in respect of photocopying of works protected by copyright and related rights by educational institutions and any other outlets where reprography is carried out commercially;

2. In furtherance of sub-regulation (1), the reprographic rights collecting society shall collect the fee on behalf of stakeholders and beneficiaries; and

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3. Where there is a dispute over a fee imposed on photocopying of copyright works by a collecting society, the Tribunal shall levy a flat rate fee as it (Tribunal) considers fit.

The main sources of CopyGhana’s income are reprographic fees through licensing agreements with user institutions and the mechanical rights levy or private copying levy. The licensing strategies of the organisation have been public education, dialogue and negotiations with authorities of user institutions, student leaders and education policymakers.

The challenge the organisation had in its dialogue and negotiations with the authorities of the tertiary institutions was the issue of the minimum permitted copying rights. CopyGhana, in order to prove that the level of photocopying and digital copying being undertaken in the tertiary institutions is above the permitted level, undertook a survey in seven tertiary institutions. The survey was funded by Kopinor and the Copyright Clearance Centre of the USA. As a result, the survey:

1. Provided an important tool for licensing and distribution of remuneration to rights holders

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2. Increased rights holders’ awareness of the infringement of their works

3. Raised the awareness of both the authorities and students of user institutions of the level and volume of copying in their institutions

4. Established a scientific way of fixing the tariff

CopyGhana used the results of the survey as a tool to conclude negotiations with 10 technical universities and one public university. Negotiations on signing licensing agreements with the other tertiary institutions are still ongoing, and this is expected to lead to a substantial increase in the revenue of the organisation.

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AUDIOVISUAL RIGHTS SOCIETY OF GHANA (ARSOG)

Like the other two collective management organisations, ARSOG’s operations are enforced under the Copyright Act and Copyright Regulations. The organisation’s membership consists of producers, authors and performers in the audiovisual sector of the creative and performing arts industry.The organisation had 147 members in 2012 and, by the end of 2015, the number had increased to 216.

One of the first actions of ARSOG was to develop a website (www.arsog.org) to encourage interaction with its members and the general public. Members can register online as well as put their own works on the site to publicise them for sales locally and internationally.

In 2013, a number of projects were undertaken by ARSOG to help collect enough information for planning. Among the projects were:

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1. An impact assessment of infringement on the film industry in the country

2. A market survey to identify true owners of works and the validity of credits of works

3. Identification and sensitisation of users of audiovisual works.

Collecting revenues for its members

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Like the other two CMOs, ARSOG is a recipient of the levy on recordable material (blank levy) from the Government on behalf of the owners of audiovisual works. In addition, ARSOG collects royalties on behalf of owners from public users of audiovisual works. The main user categories are the same as that of GHAMRO.

The activities and processes aimed at enhancing the collection of royalties from users are similar to that of GHAMRO. In order to eliminate the duplication of efforts, ARSOG, as one of its resounding decisions to propel the society forward in 2016, entered into collaboration with GHAMRO for ease of operations in areas of common interest.

In conclusion, CMOs in Ghana have stood up to the task of representing their members’ interests vis à vis the public and government. Thus, CMOs are critical intermediaries for the enforcement of copyright laws. The CMOs have the capacity to provide the necessary infrastructure for managing digital rights if they get the needed support from government.

[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economiccontribution of copyright companies in Ghana”]

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By Dr. Akofa K. Segbefia

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 Over the counter

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Over the counter
Over the counter

In Sikaman, I can bet that almost everybody you see is either a doctor or a pharmacist. If you’re sick, you don’t need to go to the hospital to see a doctor. Just see a friend and tell him your problem. “I have strong headache, bodily pains and loss of appetite.”

Sikaman Palava
Sikaman Palava

Your friend will look into your face and prophesy that you’re also suffering from constipation. Probably your nose looks like that of a chronic ‘constipator’.

“I can’t go to toilet”, you’d readi­ly confirm.

“Don’t worry. Go and buy Chloro­quine, four tablets, take two in the morning after koko and two in the evening. Also buy WL; if your stomach is hard take three, otherwise take two. Don’t forget and take four. Also don’t take it and go and board a bus to Kumasi or else you’ll set a national record.

See another friend with the same problem and he’d tell you to go and get Alagbin. “If there is no Alagbin, buy Drastin or Top Tabs. The malaria will go like water.

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Meet yet another friend and he is likely to tell you, “Go and buy abom belt (terramycin or ampicillin). Take two straight. Wait for thirty minutes and balance it with three tots of raw akpeteshie. The fever will go long time. Me, this is how I cure my fe­ver-o! Me I’ll never go to hospital and a nurse will be pricking my buttocks with a needle. I am not a fool”.

Somehow, all the four prescrip­tions by the unorthodox medical practitioners are effective but only to some extent. They can mask the dis­ease called malaria and the patient will experience a sense of relief, but a relapse is inevitable.

In fact, if you’re sick of malaria and you ‘check’ a quarter of bitters, you’ll start sweating like a dock worker. Sweat will burst Alomele forth all over the body and will finally create an air-conditioner in the arm­pit, a sort of natural cooling system one can always rely upon.

The effect of this local alcohol which surpasses Russian Vodka in international status and ability to turn the human eye, will make you feel the malaria has been evicted from your system. In due course, you certainly will come to appreciate the fact that peters is not a cure for malaria.

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From 6.30 p.m., go from one drug­store to another and you’ll see many people buying drugs over the counter. Only about five per cent of them buy with doctors’ prescription.

The rest are self-made, self-pro­moted doctors and pharmacists who buy butazolidin, malarex, chloro­quine, phensic, baralgin, valium, cafenol, kaolin, anusol, chloramphen­icol, anacin and many others by their own prescriptions.

Even you can buy syringes over the counter and that is why some herbal­ists are going about injecting anybody they see. In the process they distrib­ute tetanus free of charge. They are very generous!

We are all guilty of self-medica­tion including me Kwame Alomele. I don’t often cure my malaria by going to the doctor when I know I am also a doctor. The only difference is that I’ve not been to the medical school and sworn the Hippocratic Oath.

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Although I realise that self-medi­cation is bad, I’m compelled to do it because it saves me time. Kokotako says he self-medicates because it saves him from the wrath of private doctors who always want to empty his back pocket.

In developed countries over-the-counter drug purchases are forbid­den. The druggist may sell you some pain killers and condoms if you want to have a showdown with your fian­cée.

But to go to a pharmacist and say you want to buy Indocid without a doctor’s prescription is unheard of, and of course, you’d be given the marching off orders.

Self-medication is a form of drug abuse which must not be encouraged. This form of abuse is common in third world countries because families do not have their own doctors.

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Ideally every family is supposed to have a family doctor who comes around periodically to examine the members, offer treatment and ad­vice.

Any ailment is first relayed to him by phone and he gives appropriate advice. He is paid a regular fee, for these services. In Sikaman, only about one per cent of the population can afford the services of a family doctor. The money that would be used to pay the family doctor a week would be of better service if used to prepare groundnut soup that would last some three days.

So in the absence of the family doctor, many act in his stead and do their own by diagnoses, give their own prescriptions often by trial and error and risk wrong medication, un­der-doses, over-doses. After all, “All die be die”.

Perhaps if health services could be cheaply sought, self-medication will reduce. This brings to mind the idea of the National Health Insurance Scheme and its advantages. Certain diseases like heart ailment that need surgery to correct require between Gh¢ six and 10 million in terms of cost.

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The Weekly Spectator has had to launch appeals for funds for those who need money to cure medical conditions including Hole-In-Heart. Some of these appeals will not be necessary if a National Health In­surance Scheme is in place to which anybody who values his health and life could contribute to and benefit therefrom.

This will also reduce the incidence of self-medication because your health needs will always be catered for whether you are suffering from kooko or stubborn constipation.

Perhaps, we’d want to know why the scheme is still not in place!

This article was first published on Saturday, October 15, 1994

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Monsieur’s daughter —(Part 7)

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‘Sir’ Ms Odame said when David As­ante answered the call, ‘my name is Victoria Odame. I’m a teacher at Research School in Koforidua. I would like to come and see you concerning a student called Sarah’.

”Okay, madam. I would be very glad to meet you. How can I make your trip easier?’

‘I was going to join a bus to Ac­cra’.

‘Here’s what we will do. Take a taxi and ask them to bring you to Accra. I will speak to the driver, give him the directions and pay him when you get here’.

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The taxi stopped in front of the house. The gate opened, and the driver moved to the long driveway and stopped. ‘What a beautiful house?’ He said.

David and Adoma came out to meet them. Adoma paid the driver as David and Sarah stared at each other.

‘Please come in and sit down’, Adoma invited. She served them with water.

‘You are welcome’, Adoma continued. We have been waiting anxiously since you called this morning. So please, let’s hear you’. Before she could open her mouth, Sarah rose, moved to David, hugged him and sat on his lap’.

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They both broke into tears. Adoma and Ms Odame also broke into tears.

‘Sorry madam’ David said. ‘This whole episode has been a very dif­ficult one. But let’s do the proper thing. Let’s hear you first, and I will also speak. I’m sure we need to answer some questions immedi­ately’.

‘Okay sir. I have been taking an interest in Sarah, because although she’s brilliant academically, she seemed to be troubled.

Following my discussions with her and some whispers I had been hear­ing, I went to Aboso Senior High School, and spoke to your former colleague, Mr Hanson. He told me that you were an exemplary teach­er who was loved by all, and he also told me about the unfortunate events that caused you to leave for Germany. So I returned to Koforidua with the view to finding the appro­priate means of helping to solve this problem’.

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‘Great. Ms Odame, I have to thank you for finally helping us to solve this problem. Now, let me state the facts. This is what happened.

‘Gladys and I met and got married whilst we were both teachers in the school. Some months into our mar­riage, she told me that she needed to spend some days with her par­ents, and I agreed.

It turned out that she was actually spending time in a hotel with her ex-boyfriend, Simon. This happened again, after Sarah was born. I got wind of this, and told her that I was no longer interested in the marriage.

I started preparing to travel to Germany. She pleaded for forgive­ness, but I stood my ground. Then she told me that she would punish me for rejecting her.

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She came out later to say that Sarah was not my child, but Si­mon’s. She went and hid her some­where, obviously expecting that I would fight to take my child. I was actually going to do that, but my parents advised me that it was al­most impossible to win such a fight.

They advised that difficult as it sounded, I should leave the child with her, because she would come back to me eventually. I have absolutely no problem taking care of you, Sarah. I am taking care of quite a number of kids who are not mine. So that is what happened. My hands were tied. I have been trying to find out how you are doing.

I kept hearing that you were doing well at school. I also heard that Gladys and her husband were having problems, but I kept hoping that my daughter would at least be okay till it was possible for me to go for her’.

‘Sarah, now you have met your dad. You will be free to …’

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‘I’m not going anywhere! ‘ she declared as she held on to him’.

‘You don’t have to worry about that, Sarah’, Adoma said. ‘We have been looking forward to the day you come home. This is your home. Now, you have to meet your sib­lings’. She called Abrefi and Adaa­wa.

‘Girls, we told you that you have a sister who would join us anytime. Now here is she’.

‘Sarah?’ Abrefi asked.

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‘Yes’, Adoma replied. The girls hugged her and took her away.

‘Now’, David said, ‘I think it is time to call Madam Gladys’. He dialed the number.

‘My name is David Asante. I’m here in my house with my daughter Sarah. I hear you have told her all sorts of crazy stories about me. I could make life very difficult for you, but I won’t.

You are your own worst enemy. I don’t think you should be expecting her anytime soon. What do you say?’

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Gladys stayed silent for over a minute, and cut the line.

‘Food is ready’, Adoma an­nounced. ‘Everybody please come to the table’.

Sarah chatted excitedly with her siblings as Adoma and David chatted with Ms Odame. She kept staring at her father.

‘Now, Ms Odame, after you have brought such joy into our home, should we allow you to go back to Koforidua today, or should we wait till we are ready to release you? I could call your husband and ask permission.

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And please don’t tell me you didn’t bring anything for an over­night stay. There are several super­markets around here. We can fix that problem quickly’.

‘I will beg you to release me. Now that I have been so warmly wel­comed here, I already feel part of this home. Koforidua is not that far away, so I will visit often’.

‘Well, let’s see what the kids have to say. Ladies, shall I release Ms Odame to go back to Koforidua? ‘

‘No!’ They shouted, and all broke into laughter.

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‘Ms Odame, I will have mercy on you. But we are going to do some­thing to make it easy for you to visit us. My wife wants to show you something. Please follow her’.

‘Adoma led her to the driveway as they other followed. They stopped in front of the car.

‘This is a Toyota Corolla 1600. It is very reliable, and good on petrol consumption. We are giving this to you in appreciation of your help in getting our daughter back to us.

And here in this envelope, is a little contribution to help you with maintenance. And here in this other envelope is a gift to help with your children’s school fees’.

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As she stood, stunned, and stared from the car to the envelopes, Da­vid put his hand around his family’.

‘Let’s leave her to take a look at her car. Ms Odame, one of my drivers will drive you to Koforidua and leave your car with you. We are waiting inside’.

By Ekow de Heer

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