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
THE typical itinerant salesman in Sikaman is a herbalist. He is normally a slim macho with the capacity to perambulate the expanse of area covering the triangle of Accra-Tema-Ashiaman. In short, he can walk a total of 60 miles a day, marketing a product that cures every disease, including poverty. 
The door-to-door herbal pharmacist advertises his product by word of mouth. He has nothing to do with the Food and Drugs Board (FDB). After all, his concoctions do not feature on FM stations.
Those herbalists who cannot walk to propagate the herbal gospel, liaise with drivers of mass transportation and their mates. They are, therefore, given the chance to sell their products on Benz buses that ply the routes.
Normally, the herbalist starts his sales message with a prayer and Bible study. He asks the passengers to bow down their heads in supplication to God the father, the son, the Holy Spirit.
When a herbalist asks the passengers to close their eyes and bow their heads, Moslems on board naturally feel offended. They feel that the herbalist has no right to assume that every passenger is a Christian. They think such an assumption is an affront to Islam.
So a Moslem on board will raise the hand for a point of order. He’ll remind the herbalist that it would be in his own interest to mind his language.
“Be careful the way you address people in a public place. Not every person here is a Christian,” he’d state assertively.
Of course, the herbalist will promptly ignore him, but would all the same “watch” his tongue. Who knows whether or not the Moslem brother is inspired by Quoranic zeal to defend the tenets of Islam to the hilt?
When he starts saying, “Wallahi!” and “Inshallah!” it could be the beginning of proclaiming Islam as supreme, a point which must be driven home with talibanic precision.
So the herbalist must tread carefully lest he steps on fire.
The herbalist could even add a measure of mirth to it all, by announcing that Christians on board today have very interesting company on the journey, but that should not detract from the business of the day.
The Moslem brother will weigh the words carefully and offer a wry smile.
He must be careful the occasion does not degenerate into the use of semantics and proverbial oration to deride his conviction that public utterances must be mindful of religious sensibilities. He has made his point very clear and expects that it is taken in good faith in the interest of a peaceful journey.
The herbalist will now open the New Testament and preach salvation, stating clearly that salvation can come only through Jesus Christ and NOBODY else.
The Moslem brother will now start twitching his moustache. The visible and almost revolutionary reflexes of his upper lip can be an indication that sentiments have begun superseding reason, and the outcome could well be tragic now shift uneasily in his seat.
The time has come for him to also express his right to the religion of his fore-bears. He’ll put his hand into his pocket and rise to his feet. The time has indeed come!
This article was first published on Saturday, September 9, 2006
When the cause of a particular problem like sickness, disease, sudden illness, a social issue etc. are not known, it stands to reason that resolving it becomes a huge challenge.
Citizens would understand the government when public announcements are made to the effect that government is trying to find a solution to the issue, even though it is taking a while for it to be resolved because citizens are rational beings.
On the other hand, if the solution to a particular issue is known to everybody but the government for whatever reason, is dragging its feet in resolving it, citizens become frustrated and begin to lose trust in their leaders.
One such issue is the heavy traffic along a section of the Kasoa – Odokor road. A short stretch of bad road between the traffic light at the Weija Government Hospital and the entrance to the entrance of the overhead that leads to the N1, is the cause of the problem but nothing is being done about it, day after day, week after week, month after month. Thus is clearly unacceptable.
Another issue that requires urgent attention is the lack of pavements along a lot of streets in parts of the various Municipal Assemblies. Exercise is a prerequisite for long life and healthy living and for those of us who it has become a way of life, this issue of people putting up structures right to the edge of the drains beside the roads, are making life difficult for us.
We are compelled to walk along the roads, putting our lives at serious risk. Pedestrians should never be compelled to compete with vehicles on our streets and roads. Roads and streets are made for vehicles and pavements are made for pedestrians. That is the norm. Any attempt to normalise a situation where pedestrians are mingling with vehicles is insanity.
It is the road regulations that makes it so and therefore district or municipal assemblies are to take responsibility and ensure that spaces for pavements are not encroached upon. Citizens have rights that must be protected by their leaders and making pavements available to pedestrians, is one of them.
When we hear of teachers having sex with students, it appears it is something recent. It is not a new phenomenon. It has been there since Adam. Perhaps this issue is getting much attention due to the proliferation of social media. It was an open secret in times past when Teachers were in relationships with female students and some married them immediately after completion of school.
Some teachers were also known to be having unholy interactions with female pupils but due to the times that these acts occurred, human rights issues and the awareness around it, allowed such unscrupulous teachers to get away with their crimes.
Now we are in a different era and so a Headmaster is now in hot waters. He is alleged to have raped about 19 female students and as usual, some officials tried to cover it up and are also in hot waters and their actions or inactions in the matter are under investigation.
Why the man has been allowed to roam freely without being arrested is simply mind boggling. It appears that the law applies differently, depending on who you are. This issue came to public attention sometime in August this year, yet the police had not arrested or invited this man for question regarding the rape allegation.
It has come out that he is a Constituency Secretary of the ruling party and the question in the public domain is that, is it because he is a political figure that is why he is still walking around without questioning? I believe in the rule of law so let us hold our breadth and let the proper thing be done.
The police must however be seen to be active in this matter. God bless.
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