Features
Collective management organisations and efforts to protect rights owners (Part 2)
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:
• Ghana Association of Writers • Ghana Book Publishers Association
• Ghana Journalists Association
• Ghana Association of Visual Artists
• Ghana Union of Professional Photographers
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
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
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.
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:
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
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”]
By Dr. Akofa K. Segbefia
When Abigail Fremah steps up to the Armwrestling table, the noise fades, the tension settles, and order takes over.
Despite a calm, but firm and meticulous disposition, she has become one of the quiet forces shaping Ghana’s growing reputation in the sport, not as an athlete, but a referee trusted on the continental stage.
Abigail’s journey into Armwrestling did not begin at the table. Like many Ghanaian sports enthusiasts, she grew up playing several disciplines. Football was her first love, but she also featured in volleyball and basketball during her school years. Sports, she says, was simply a way of life not just for her.
“It runs through the family. All my siblings are into sports,” she stated.
“I was involved in almost every sport in school, football, volleyball, netball, hockey; I did everything,” she recalls.
Her academic background in Health, Physical Education and Recreation laid a solid foundation for her sporting career. While on scholarship at the university (University of Cape Coast), she often used her modest budget to support young athletes, sometimes sharing skills and even T-shirts at programmes she attended. Giving back, she explains, has always been part of her motivation.
However, as she matured as an athlete, Abigail made a critical self-assessment.
“Armwrestling involves a lot of strength,” she admits. “Looking at my body type, I realised I couldn’t fit properly as a competitive athlete.”
That moment of honesty pushed her to a different trajectory but equally important path in sports; which is officiating.
During her National Service, she was encouraged by Mr Charles Osei Asibey, the President of the Ghana Armwrestling Federation (GAF), to consider officiating. He introduced her to a technical official, Mr Hussein Akuerteh Addy, who formally took her through the basics of Armwrestling officiating in 2021.
“I started as a case official,” she says. “We moved from region to region every week, officiating competitions. That’s where it all began.”
By 2022, Abigail was actively involved in national assignments, though she missed the African Championship that year. Her breakthrough came in 2023, when Ghana hosted the African Armwrestling Championship.
It was her first experience officiating at a major international competition and it changed everything.
“That was my first national and international exposure at the same time,” she says. “It really opened my eyes.”
Today, Abigail is a World Junior Armwrestling Referee, a status earned through performance, consistency and discipline. She explains that progression in officiating was not automatic.
“It’s all about performance, your appearance at African Championships, your conduct, how you handle pressure; that’s what takes you to the world level,” she stressed.
As a referee, Abigail’s priority is safety and fairness. Armwrestling, she notes, comes with risks, particularly injuries to the wrists, elbows, shoulders and arms.
“If athletes don’t follow the rules or refuse to listen to officials, injuries can happen,” she explains, adding that focus was everything.
Before every match, she ensures that all equipment which includes elbow pads, hand pegs and table alignment were properly set. Athletes are not allowed to cover their elbows, must grip correctly, and must follow the referee’s commands precisely.
“We make sure everything is fixed before the grip,” she says. “Once we say ‘Ready… Go’, there should be no confusion.”
She is also firm on discipline. Warnings are issued for infractions, and repeated misconduct attracts penalties.
“The referee must be respected, if you don’t listen, the rules will deal with you,” she says.
Abigail credits her confidence partly to her sporting family background. Her mother was a volleyball player, while other family members also participated in sports. Though they were initially concerned about her safety, her rise to the top reassured them.
“They were afraid at first,” she admits. “But they were also very proud, especially because some of them never got the opportunity to reach this level.”
Looking ahead, Abigail is optimistic about the future of Armwrestling in Ghana. In less than a decade, the country has produced African and world-level medalists, a sign, she believes, of great things to come for Ghana.
“Whenever we go out, we come back with medals such as gold and silver,” she says, and to her that was a sign of growth.
In the next five to ten years, Abigail sees herself rising to become a World Master Referee, the highest officiating level in the sport. Until then, her routine remains intense, training four times a week, working closely with athletes, standing on her feet for hours, and constantly refining her understanding of the rules.
“I love this sport,” she says simply. “That love is what keeps me going.”
Abigail encouraged women to be bold and intentional about their place in sports saying “don’t limit yourself because of fear or stereotypes.”
She also urged women to invest in learning, discipline and consistency, stressing that respect was earned through performance.
For Abigail, as Ghana’s armwrestlers continue to make their mark, she will remain where she is most effective at the table, ensuring the game is played right.
By Esinam Jemima Kuatsinu
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As he had promised Aperkeh, the elderly man and his wife and three daughters stopped by Aperkeh’s parents’ house. Mr Amando and his family were preparing to settle in for the night.
“Brother Ben and family”, Mr Joshua Amando said warmly, “although I know you are here on a matter that can hardly be described as joyous, it is still good to see you. You are welcome. Please sit down while I bring you water”.
“Yes, we will take water, even though we are hardly thirsty, because this is our home”.
“Okay, Ben”, he started after they had drank, “Let me go straight to the point. My daughter Priscilla has told me about the goings on between her brother Aperkeh and our daughter Stella.
Before informing me, Priscilla had expressed concern to Aperkeh about some habits he is adopting, especially the late nights and the drinking. She tells me that one Saturday morning, she was there when Stella complained about his drinking and some girls who had come to the house to look for him, and he assaulted her.
I called him and complained, but all he could say was that I don’t know what caused him to react that way, so I could not judge him. Now he does not answer my calls.
I have sent Priscilla to his house to call him, but he has refused to come. Unfortunately, Ben, my son is a much different person than the young boy who completed university and started work at the bank. I am really embarrassed about his treatment of Stella”.
“Joshua, let me assure you that even though what is happening is very unfortunate, it will not affect our relationship.
We have been friends since childhood, and I thought that with their parents’ blessing, the relationship between Aperkeh and Stella would grow to become a blessing to all of us. But there appears to be a real challenge now.
Stella thinks that Aperkeh wants her out of his house, and indeed Aperkeh himself told me that, about an hour ago.
So I’m taking my daughter home. I suggest that you do what you can to straighten him out, but if it does not work out, let’s accept the situation and continue to be one family.
I am sure that being the well behaved girl that she is, Stella will meet a young man who will cherish her. Fortunately, this problem is happening early in the day, so they can sort things out if possible, or move on with their lives if they are unable to stay together”.
“I’m really grateful for that, Ben. I will do my best in the next few days to reason with him, because apart from the relationship with Stella, Aperkeh is risking his job and career with this lifestyle.
A good job and salary offers an opportunity to gather momentum in life, not to destroy yourself”.
“Okay Brother Joshua. We will say goodnight. I hope to hear positive news from you”.
As he descended in the lift from the fourth to the ground floor, Aperkeh wondered who would be waiting at the reception to see him at nine on Monday morning. He had spent good time with both of his new girls during the weekend, so it had to be someone else. He got out of the lift and pulled a face when he saw Priscilla.
“Priscilla”, he said as he sat down by her, “what do you want here? You know Monday morning is a busy time at the bank. I am a very busy person, so say what you want, I have work to do”.
“You are very funny, Aperkeh. You are telling me, your sister, that you have work to do, so I should hurry up? Okay, Dad says I should advise you to come home tonight, because he wants to discuss the issue of Stella with you. He sent me to you twice, and you did not come.
He has tried to call you quite a number of times, but you have refused to answer his calls. He says that if you do not come tonight, you will be very surprised at what he will do. He says you will not like it at all, so better come.
“What is all this? Why won’t you people leave me alone? Stella is very disrespectful. I told her that if she wanted to continue to live in my house, she must obey me. It is that simple.
She chose to continue ordering me about, controlling me in my own house, so I told her that if she could not live under my conditions she should leave. And she left. In fact, her own father came and took her away. So what again?’’
“How did she disobey or control you? Was she complaining about your continuous drinking and late nights? And did you slap her on several occasions because of that? Did you tell her that if she could not live under your conditions she should leave? You actually said that to her father? You have forgotten that before she came to live with you, our two parents met and agreed, and gave it their blessing?’
“Why don’t you leave, Priscilla? I don’t have to listen to all that”. “Okay, I will go. Your father who gave birth to you and educated you to university level sends me to you, and you ask me to leave? I wish you would defy him, and refuse to come home as he’s telling you, because he is planning to give you the discipline you badly need. Let me tell you. Stella is such a beautiful and decent girl, and I assure you that someone will grab her before you say Jack. You are only 30 years old, and you have already become a drunkard”.
As he walked towards the lift, Aperkeh decided on what to do. He would go home, and calmly listen to what his father had to say. The old man was very unpredictable, and he wouldn’t dare ignore him. So he would take all the insults and threats, but as for Stella she was history. According to Priscilla, Stella was beautiful and all that, but she had not seen the two curvaceous princesses who were all over him, ready to do anything he asked. And these were not barely literate waakye girls, but university graduates from wealthy homes, really classy girls. With stuff like that, who needs a waakye girl? He smiled as he took his seat.
A few minutes to five, Aperkeh was packing up to leave for home to meet his dad when his phone rang. It was Priscilla.
“Aperkeh, Dad says you don’t need to bother to come. Stella’s dad says she came to him early this morning to plead that she would rather stay at home than return to your house. She thinks you are already decided to be rid of her, and she does not want to risk being assaulted again. So it’s done. You can go ahead and enjoy the nice life you have started”.
Before he could tell her to go to hell, Priscilla hanged up the line. He was partially stung that his dad had virtually cut him off. The last thing anyone would want was to fall out of relationship with his own family, which had always supported him.
But the truth was he was no longer interested in Stella. What was wrong with going by one’s feelings? He could only hope that one day, his parents and sister would try to reason with him.
By Ekow de Heer
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