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 This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110).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”]
Conflict at work is more common than you might think. According to 2022 research by The Myers-Briggs Company, more than a third of the workforce reports dealing with conflict often, very often, or all the time in the workplace. The same report found that managers spend an average of four hours per week dealing with conflict, and nearly 25 per cent of people think their managers handle conflict poorly or very poorly.
Addressing a dispute might feel tense or awkward, but resolving the conflict is typically well worth it in the long run. Whether you’re trying to mediate conflict between colleagues or are directly involved, here are seven steps you can take to manage workplace conflict.
1. Don’t put it off
Facing conflict head-on is hard. However, waiting too long to address it can negatively impact your emotional well-being, focus, and the entire office environment. If you’re feeling angry, letting that emotion fester can also escalate it over time. This can make you less responsive to other points of view and make it harder to resolve the issue.
The sooner you can address the conflict, the better it will be for you, the person you disagree with, and your entire team.
2. Learn all you can about the problem
It’s important to determine the type of conflict you’re dealing with. Begin by considering the cause of the conflict. For example, ask yourself whether someone said something that upset you or if you have emotions of anger and resentment that stemmed from something that happened.
Then try to identify if it’s a task, relationship, value, or team conflict. Once you know what type of conflict it is, you can work to resolve it with specific tactics for that situation.
If you skip this step, you may waste time or escalate the situation further by trying to address issues irrelevant to the real conflict.
3. Actively listen
Listen attentively when people share their side of the story. Active listening is one of the most valuable professional skills you can possess. This type of listening involves not only hearing what the other person is saying but also listening to understand their point of view.
No matter your role in conflict, it’s easy to begin sharing your opinion with little regard for the other people involved. However, it’s important to learn about all sides of a disagreement to make well-informed decisions before drawing conclusions.
To reach a resolution, you must step back and prioritize listening over talking. Ultimately, that will encourage the other person to do the same when it’s your turn to speak. –source: betterup.com
Today, I focus on the Temple Of Praise Ministries International (TOP Church) in Helsinki, as I continue my description of personalities or institutions and their accomplishments as members of the Ghanaian Diaspora in Finland.
The TOP Church in Finland has seen significant strides and accomplishments that must be made known to the public. 
Some history
The Church was established in Finland in September 2016. Since its inception, it has steadily grown both spiritually and numerically, by the grace of God, as disclosed to me by Mr Matthew Anini Twumasi, the Presiding Elder of TOP’s branch in Finland. The TOP Church has other branches across Africa, Europe, and America.
The Church in Finland was founded with a vision to create a welcoming and dynamic community where people could experience God’s love and grace (see, www.topchurchfinland.org). According to Presiding Elder Matthew, the TOP Church operates within a unique environment where Christianity coexists with what is seen as a largely secular society.
Despite this, he submits, there are significant opportunities for outreach, unity, and demonstrating the love of Christ through service and community engagement.
Activities
Church services at the TOP Church are typically held on Sundays for the main worship. In addition, there are mid-week prayer sessions, Saturday prayer services, and a half-night service held on the last Friday of every month. “We also organise quarterly programs”, Elder Matthew added.
His impression of the Church so far has been positive. “It is a vibrant and welcoming community where members are committed to worship, fellowship, and supporting one another in faith”, he stated.
In sum, Elder Matthew said the Church continues to grow by God’s grace. “We remain hopeful and committed to spreading the Gospel, strengthening the faith of our members, and making a positive impact in society”, he continued.
Achievements
The TOP Church has a number of achievements and achievements. Some of the strengths include strong community bonds, cultural diversity, and deep commitment to spiritual growth.
I also remember that during the COVID-19 period, I heard that the TOP Church was one such bodies that hugely supported its members and others to cope with the situation.
According to Elder Matthew, the challenges facing the church include “adapting to cultural differences, engaging the younger generation, expanding outreach in a secular society, and securing a permanent place of worship”.
Role in the Ghanaian community in Finland
The TOP Church plays a prominent role as a religious group that serves Ghanaian migrants and others in the Finnish society.
Thus, the TOP Church is a religious body for Ghanaian migrants in Finland and other nationalities who want to worship with them for diversity and better intercultural and multicultural understanding.
The Church also has mechanisms in place to support its members who are bereaved as a way to commiserate with them in times of death and funerals.
The Ghanaian community has played a vital role in the growth of the Church. Their strong sense of fellowship, dedication to worship, and active participation have helped build a solid foundation and attract others to the ministry, according to Elder Matthew.
Integration
By its activities, the TOP Church is helping to ensure integration of its members well into the Finish society.
This is important since social interaction and citizens’ well-being are an important part of the integration process.
The role of migrant associations and groups such as TOP Church acting as bridge-builders for the integration and inclusion of migrants through participation in the decision making process and by acting as a representative voice is highly appreciated in Finland. Thank you!
GHANA MATTERS column appears fortnightly. Written in simple, layman’s terms, it concentrates on matters about Ghana and beyond. It focuses on everyday life issues relating to the social, cultural, economic, religious, political, health, sports, youth, gender, etc. It strives to remind us all that Ghana comes first. The column also takes a candid look at the meanings and repercussions of our actions, especially those things we take for granted or even ignore. There are key Ghanaian values we should uphold rather than disregard with impunity. We should not overlook the obvious. We need to search for the hidden or deeply embedded values and try to project them.
With Dr Perpetual Crentsil
