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Overview of the copyright law of Ghana Part 1
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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 This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110).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”]
There is a culture that permeates all aspects of leadership in the advanced countries which I believe has contributed to the success in all aspects of their national lives. Citizens strive to excel so that they will not find themselves in a situation where they would have failed, to necessitate a decision to resign.
Countries where failure is frowned upon, it pushes the citizens to strive for success. In our part of the world, failure and mediocrity has become an accepted norm and therefore, there is no shame in failing in a particular position of leadership.
A head of an organisation mismanages the place and he does not see the need for him to resign. The appointing authority does not also see the need to sack him and so the merry go round continues.
It becomes friends and family as usual and if care is not taken, the rest of the world will leave us far, far behind.
The practice of resignation in parts of the world for failure in some parts of the world has to be institutionalised in our country too. It encourages the principle of accountability which is good for any organisation, sector of an economy or a country.
It promotes good governance, a necessary ingredient in the growth of the economy of any country.
When this practice becomes a culture, every individual, privileged to hold a position of trust, gives his or her full attention to the job assigned him or her, to ensure that objectives are achieved.
This trickles down to every individual down the chain of command and there are no rooms for errors.
That is how efficient systems are built over time and this is the difference between advanced nations and third world countries.
Where systems are designed such that people take responsibility for things that go wrong under their supervision or ultimate responsibility, there is evidence of development.
There are a few people that I admire in Ghana as far as this culture of resignation based on principled stance. One of them is the late Mrs Emma Mitchell. She was a cabinet member but chose to resign after the confrontation between late President Jerry Rawlings and late Vice President Kow Akaah.
She was not prepared to be part of a cabinet which was lying to the general public that Rawlings did not assault Akaah.
She was of the conviction that telling the truth is more honourable than telling lies and that if she was bound by confidentiality oaths to tell a lie, then she would resign and she did exactly that.
That is how we build a culture of truth and accountability. We have people in positions who have not lived up to expectation but are still holding on to their positions not prepared to let go of it.
This is a clear case of display of selfishness, trying to be a Boss instead of a Servant to serve the people, which leadership is all about.
The ineffectiveness of some leaders, often result in waste of resources which could have been channeled to other sectors of the economy which could have been more productive. A culture of voluntary resignation must be advocated for by all stakeholders, especially the CSOs, traditional leaders and the clergy.
This is the only way the needed growth in every sector of our national life would manifest.
Presidents, Prime Ministers, heads of reputable organisations have voluntarily resigned by taking ultimate responsibility and it is about time, we started seeing it manifest in our country.
The people in charge of our sports especially our soccer, can initiate this long desired culture and resign in view of the embarrassment witnessed from the defeat of the Black Stars by Gambia. God bless.
BY LAUD KISS-MENSAH
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THE QUR’AN FORBIDS RELIGIOUS PROVOCATION
There is a remarkable verse in the Qur’an which every Muslim preacher should memorise.
Allah says:
“And do not insult those they invoke besides Allah, lest they insult Allah in hostility without knowledge.” (Qur’an 6:108).
Think about this carefully.
Allah knows that the unbelievers worship false gods.
Yet Allah tells Muslims: Do not insult their objects of worship.
Why?
Because your speech may provoke an even greater offence.
This establishes a profound principle:
A Muslim must not fight religious provocation with religious provocation.
If someone insults what we hold sacred, we do not respond by insulting what they hold sacred.
If someone attacks Islam, we defend Islam with knowledge.
If someone misrepresents Muhammad (pbuh), we explain who is Muhammad to him.
If someone lies about Islam, we answer with truth and knowledge.
We do not allow another person’s bad behaviour to dictate our own morality.
LOOK AT MUHAMMAD (PBUH) — HE WAS INSULTED BEFORE WE WERE
Servant of Allah,
Sometimes we speak as though the Prophet (pbuh) lived in a world where everyone respected him.
No.
He was mocked and insulted. Quran 37:36, Quran 15:6
He was called a liar, magician, and a mad man. Quran 51:52, Quran 17:47
He was ridiculed. Quran 6:10
His followers were tortured, and some were killed. Quran 85:8-10
He himself was persecuted, leading to his migration to Madina.
Yet he remained the Messenger of Allah.
Allah said:
“Indeed, we know that your heart is distressed by what they say.” (Qur’an 15:97)
Allah acknowledged the Prophet’s pain.
Islam does not say that insults do not hurt. They hurt.
But the question is: What do you do with the pain?
THE DAY OF TA’IF: WHEN THE PROPHET (PBUH) COULD HAVE CHOSEN
REVENGE
One of the most powerful examples is the journey of the Prophet (pbuh) to Ta’if.
He went seeking support for his message.
Instead, the people rejected him and incited their children and others against him.
He was chased.
He was insulted.
He was struck with stones until his feet bled.
He was physically and emotionally exhausted.
Then the Angel of the Mountains came to him.
The two angels offered to crush the people of Ta’if between the mountains.
The Prophet (pbuh) could have said: “Do it.”
But he did not.
Instead, he hoped that Allah would bring from their descendants people who would worship Him.
This account is recorded in the authentic hadith literature, including Sahih Muslim (Muslim, 1795).
What a lesson!
The Prophet (pbuh) had suffered injustice.
But he did not turn his pain into indiscriminate revenge.
He saw beyond the offender.
He saw the possibility of tomorrow.
And this is one of the greatest characteristics of prophetic leadership:
The Prophet (pbuh) did not merely ask, “What punishment does this person deserve?”
He also asked, in effect: “What can this person become?”
THE PROPHET IN MADINAH: LEADER OF A DIVERSE SOCIETY
When Muhammad (pbuh) migrated to Madinah, he did not enter an empty city.
Madinah contained different communities, including Muslims and Jews, and there were also Christians who interacted with the Muslim community.
The Prophet became the political and communal leader of Madinah.
The Sahifah (A Covenant) of Madinah, preserved in the early sīrah (Prophet’s biography) tradition, established arrangements concerning mutual obligations, security, justice and relations among the communities of the city.
This is important:
The Prophet did not build Madinah by teaching Muslims to hate everyone who was not Muslim.
He built a society governed by covenant, responsibility and justice.
Allah says:
“Allah does not forbid you from being kind and just to those who have neither fought you because of your religion nor driven you from your homes. Indeed, Allah loves those who act justly.” (Qur’an 60:8)
This is not weakness.
This is Islam.
THE PROPHET DEALT WITH JEWS IN MADINAH
‘A’ishah (Wife of the Prophet) narrated that the Prophet (pbuh) bought food from a Jewish man on credit and gave him his iron armour as collateral.
“The Prophet purchased food from a Jew on credit and mortgaged his iron armour to him.” (Sahih al-Bukhari, 2068)
Think about it.
This was Muhammad.
The Messenger of Allah.
Yet he conducted lawful commercial dealings with a Jewish citizen.
He did not say: “He is not a Muslim, therefore I cannot deal with him.”
No.
Islam gave him a relationship governed by justice and trust.
Jabir رضيهللاعنه narrated:
“A funeral procession passed before us and the Prophet (pbuh) stood up, and we stood with him. We said, ‘O Messenger of Allah, it is the funeral of a Jew.’ He said: ‘When you see a funeral procession, stand.’” (Sahih al-Bukhari, 1311)
Another narration records his response: “Is it not a soul?” (Sahih al-Bukhari, 1312–1313)
What kind of heart did Muhammad (pbuh) possess?
A heart that recognised human dignity even in death.
THE PROPHET AND THE CHRISTIANS OF NAJRAN
The Prophet also received the Christian delegation of Najran.
They disagreed with him theologically.
Yet when they requested a trustworthy person, he did not choose someone because of hatred.
He selected Abu ‘Ubaydah ibn al-Jarrah.
The Prophet said:
“I shall send with you a man who is truly trustworthy.”
He then appointed Abu ‘Ubaydah.
This is authentically reported in Sahih al-Bukhari 4380–4381.
Notice something profound:
The Prophet could disagree with people without becoming dishonest toward them.
That is the standard we need today.
The author is the chief Imam of Katamanso Municipal and Certified Counsellor and Governance Expert.
