Features
Overview of the copyright law of Ghana Part 1
Ghana’s experience with copyright legislation
Copyright is the part of Intellectual Property (IP) law, which grants legal protection to authors or creators of literary and artistic works such as books, music, paintings, films, computer software, sculpture, etc.
The first copyright legislation in Ghana was the Copyright Ordinance of 1914 (Cap 126). This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110). PNDC Law 110 was considered as a landmark piece of legislation because it generally conformed to the standards of the Berne Convention for the Protection of Literary and Artistic Works and also contained other significant provisions such as the provision for the establishment of a collective administration society and the Copyright Office, an office responsible for the administration of copyright in Ghana.
Although PNDC Law 110 was considered an important milestone in Ghana’s copyright legislative experience, it soon proved inadequate in the face of the rapid technological developments of the 1990s and the international copyright treaties concluded after 1985, i.e. the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994), the WIPO Copyright Treaty (WCT) (1996) and the WIPO Performances and Phonograms Treaty (WPPT) (1996). Ghana as a developing country was also obliged under the TRIPS Agreement to amend its copyright legislation to be TRIPS compliant by the year 2000. The Copyright Act, 2005 (Act 690) was enacted in 2005 to address the inadequacies of PNDC Law 110.
The law governing copyright in Ghana is the Copyright Act, 2005 (Act 690) as amended and its implementing regulations, Copyright Regulations, 2010 (L.I. 1962).
Act 690, to a large extent conforms to the TRIPS Agreement, the WCT and the WPPT.
There is also other useful legislation, which complements the Copyright Act, 2005 (Act 690) in the administration of copyright in Ghana. These are the High Court Civil Procedure Rules, 2004 (C.I. 47) which provide specialized rules for the enforcement of intellectual property rights (IPR) and the Electronic Transactions Act, 2008 (Act 772).
It is worth noting that the Copyright Act, 2005 (Act 690) contains a number of enhanced legislative provisions and some ‘novel’ institutions, which aim to make the administration of copyright more effective. These include:
1. Enhanced economic rights for copyright owners
2. Enhanced rights of performers
3. Broadened scope of works eligible for copyright protection
4. Enhanced penalty for copyright infringement
5. Liberalised collective management system
6. Institutionalised levy on devices used for copying copyright protected works
7. Establishment of the Copyright Monitoring Team
8. Establishment of the Copyright Tribunal to adjudicate in disputes relating to royalties
9. Expanded provisions for protection, use and administration of folklore
10. Voluntary registration of copyright
Subject matter of copyright protection
Act 690 expanded the scope of copyright protection as compared to what could be obtained under PNDC Law 110.
The works eligible for copyright protection under Section 1 of Act 690 are as follows:
1. Literary work (e.g. novels, textbooks, stories, poetical works, stage directions, film scenarios, encyclopedias, dictionaries, databases, essays, histories, etc.)
2. Artistic work (e.g. painting, architectural design, etching, lithograph, engraving, maps, fashion and wood design, sculpture, etc.)
3. Musical work
4. Sound recording
5. Audiovisual work
6. Choreographic work
7. Derivative work, and
8. Computer software or programmes
An author, co-author or joint author of any of the above-mentioned works is entitled to copyright protection as stipulated in the law.
An author within the context of the law is a natural person whose intellectual activity leads to the creation of a work.
Although copyright protection is automatically acquired from the time a work is created, the work must satisfy the following conditions in order to enjoy the copyright protection:
1. It must be original in character (i.e. must be a product of the independent effort of the author).
2. It must be fixed in any definite medium of expression.
(a) It must be created by a citizen of Ghana or a person who is ordinarily resident in the Republic,
(b) It must be first published in Ghana and, in the case of a work first published outside Ghana, it must be subsequently published in the Republic within thirty days of its publication outside Ghana, OR
(c) It must be a work in respect of which Ghana has an obligation under an international treaty to grant protection.
Ghana is party to the following international treaties and is therefore obliged to grant protection to the works of authors from other Contracting Parties.
The treaties/conventions Ghana has signed include:
1. Berne Convention for the Protection of Literary and Artistic Works (1971). Accession: July 11, 1991. Date of entry into force: October 11, 1991.
2. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). Date of accession / ratification by Ghana (nil). Date of entry into force: December 31, 1994.
3. WIPO Copyright Treaty (WCT) (1996) Ratification: August 18, 2006. Date of entry into force: November 18, 2006.
4. WIPO Performances and Phonograms Treaty (WPPT) (1996) Ratification: November 16, 2012. Date of entry into force:February 16, 2013.
5. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled. Ratification: May 11, 2018. Date of entry into force: August 11, 2018.
[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economic contribution of copyright industries in Ghana”]
Indeed, numerous Ghanaians across the regions, all over Africa, and even people from other parts of the world were struck with sadness and grief upon hearing the sudden passing of the former First Lady of Ghana, Her Excellency Nana Konadu Agyemang Rawlings, which occurred on the black day of Thursday, October 23, 2025.
Very often, it is difficult to believe the death of very high-profile persons in our communities, country, and even across the world, as recently witnessed in the passing of this indefatigable leader.
Former First Lady Nana Konadu Agyemang Rawlings was the better half of the indomitable former President of Ghana, His Excellency, the late Flt. Lt. Jerry John Rawlings, who ruled Ghana for a record period of 18 years.
His Excellency Jerry John Rawlings, alongside his able men like Osahene Boakye Gyan, Akatapore, and other young army officers, shook the political foundations of this country for a brief period from June 4 to the end of September 1979. Following the general election, His Excellency Jerry John Rawlings handed over power to the late President, His Excellency Dr. Hilla Limann of the People’s National Convention (PNC), in a colorful national ceremony amidst pomp and pageantry.
Flt. Lt. Jerry John Rawlings and other colleagues in the Ghana Armed Forces, dissatisfied with the PNC Government’s administration—which was considered volatile at the time—staged another coup to topple the Limann Administration on December 31, 1981. After a successful dispensation, he reassumed the position of Head of State under the Provisional National Defence Council (PNDC), remaining in power until 2000 when, following the general election, he handed over power from the National Democratic Congress (NDC) to former President His Excellency John Agyekum Kufuor of the New Patriotic Party (NPP).
It is noteworthy that from the June 4 period of 1979, stretching up to the 2000 general election, Nana Konadu Agyemang Rawlings was very vocal in Ghana’s political administration.
Nana Konadu Agyemang Rawlings not only actively supported her husband to realize his political ambitions but also made a lasting impact across Ghana by tirelessly advocating for women’s emancipation in social, economic, and political spheres.
Consider her dynamic role in the formation of the 31st December Women’s Group. She established various food processing industries in multiple towns and villages to empower women economically.
There were countless other initiatives through which she encouraged and benefited not only women but also numerous families, enabling them to lead meaningful lives. For instance, the family home of Nene Kofi Opey-Fiagbor in Adjikpo-Amlakpo, Somanya, was highly privileged to welcome Her Excellency Nana Konadu Agyemang Rawlings anytime she visited.
On a Saturday in early January 1983, she visited to seek the hand of one of our beautiful sisters, Lucy Kpodjie, for Alex Dautey, who was then one of her husband’s military guards at the Castle in Osu-Accra. How can we, as a family, ever forget such a diligent, graceful, and distinguished person like her in our memories?
Your Excellency, Nana Konadu Agyemang Rawlings, your loss is deeply felt and irreplaceable for Mother Ghana. We all join the Rawlings immediate family in Accra, the people of Asanteman, the Keta people of her late husband, and the National Democratic Congress, which she helped found, alongside the President and Government of Ghana, to mourn this loss.
To a highly beloved and illustrious daughter of Ghana: may Mother Earth lie lightly upon your body as your precious soul rests in perfect peace in the bosom of the Good Lord, until the resurrection day when we shall all meet again. Fare thee well!
DAMIRIFA DUE! DUENI AMANEHUNU!
By J. K. Tetteh Kpodjie
Concerned Citizen
Somanya
0557672086
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Sometime ago, money-doubling used to be a very lucrative trade for people who had the skill. But it all depended on the availability of street-lights, which were used as accessories in the money-doubling schemes. The more street-lights that were available, the more likely it was that money would be doubled.
Money has indeed been doubled for people—civil servants, pastors, journalists, and diplomats. People suspected of being naive and carrying cash were conned into believing their money could be doubled without chanting. All they had to do was place their money under a ‘sacred’ stone, then walk in a certain direction, counting ten street-lights in the process without looking back.
“If you look back, you’ll go mad, wallahi!” they were warned, to ensure obedience. After counting the ten street-lights, participants were told to return and collect their doubled money under the ‘divine’ stone with jubilation. And for a moment, it seemed real—the cash appeared doubled. The problem, of course, was that the entire sum was nothing but newspaper cut to fit the currency size. At first, victims would be amazed, thinking they were hallucinating, only to frantically realize the trick. Meanwhile, the money-doublers would vanish miles away with the real cash.
In this era, money-doubling schemes often occur around payday, when people have just received their salaries. Those with ¢80,000 in hand could be tempted with the promise of returning home with ¢160,000. But in reality, many end up empty-handed, learning the harsh lesson of the financial culture of today.
Not long ago, Edward Alomele, who claims he is “Original Alor,” collected his pay and walked leisurely home, planning to celebrate. A wayside lottery operator noticed his bulging back pocket and thought he could easily trick him into handing over the money. But Alor was no amateur when it came to finance.
The lottery man pointed to a display of consumer items—televisions, sound systems, cookers, water heaters—and explained the game. Alor tried a sample ticket and “won” a colour television instantly. However, since he hadn’t staked money, he was told he needed to hand over his pay to claim the prize. Alor, sensing the scam, studied the man’s reaction carefully.
He deliberately wore mismatched footwear—one red canvas shoe and one green—to signal that he was not an easy target. The lottery operator realized his mistake, apologized, and acknowledged that Alor was not a naive newcomer.
Despite widespread reporting on these scams, hundreds of people fall victim every week, losing a significant portion of their salaries. Many prefer to remain silent, ashamed of having been deceived. Some notable individuals, like Devine Ankamah, have managed to dodge these traps through vigilance and experience, but the majority remain vulnerable.
Even pastors and other respected members of society have been duped by money-doublers, proving that awareness alone is often not enough. As Merari Alomele notes, “When shall we ever learn?”
This article was first published on Saturday, August 5, 1995.
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