Connect with us

Features

Overview of the copyright law of Ghana Part 1

Published

on

Copyright Office Pix

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 This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110).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.

Advertisement

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:

Advertisement

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

Advertisement

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

Advertisement

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.

Advertisement

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

Advertisement

4. Sound recording

5. Audiovisual work

6. Choreographic work

7. Derivative work, and

Advertisement

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:

Advertisement

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

Advertisement

(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.

Advertisement

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.

Advertisement

[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economic contribution of copyright industries in Ghana”]

Continue Reading
Advertisement

Features

This sanitation issue!

Published

on

Some things do not change in this country.  The rains shall fall in May, and June and even July.  That is out of our control.  It is an act of God and he decides how often and the intensity.  Who are we to question God? 

However, there is something man-made that is gradually becoming something that is also not changing and it is worrying.  A week ago the President initiated a national clean up campaign to address the issue of sanitation in the country, especially in Accra. 

Citizens enthusiastically got involved and engaged in cleaning their environment and other places but afterwards, the issue that is becoming a permanent feature resisting change, reared its ugly head again. 

The rubbish and the silt that were dug out of the drains, were heaped on the shoulders of the drains and left there.  Any little rain will render the whole effort futile because the rubbish and silt will be washed right back into the drains. 

Advertisement

This is what is not changing in the country and the various assemblies must ensure that this issue is dealt with and must become a thing of the past.

There is the need to engage the citizenry across board, in connection with mindset change, as far as sanitation is concerned.  At this juncture, I must acknowledge the thoughtful initiative of the current crop of Abenfo (i.e. students both present and past) of SUTESCO of Suhum, with support of the school administration for decorating the area under the overpass on the Accra Kumasi highway, near the school, with fascinating paintings.  This is an example worthy of emulation and makes me proud as one of the Abenfo. 

An example not worthy of emulation is an eyesore currently existing behind a cemetery along the Atta Mills link as you branch left, off the main Accra-Cape Coast road at Old barrier and head towards the beach through Aplaku, Bortianor, Oshiyie, Korobite through to Tuba and beyond. 

The drain along the walls of the cemetery also lying astride the road, is choked with silt and rubbish.  This has created a problem near the end of the cemetery wall just before you enter Bortianor. 

Advertisement

Water has accumulated at that point, creating potholes and also gradually creating a channel across the road, creating a nightmare for motorists using that route.  This route is the main link between parts of Kasoa and the Accra – Cape Coast road and whenever it rains and the Atala stretch of the road is blocked, that is the route most motorists from Kasoa uses.

It is also the route used by tourists going to the beaches along the sea of the towns stretching from Bortianor to Kokrobite and so it does not speak well of us, as a nation at all.

A few days ago, I had to pass through Tema Station, the place where a major clean up exercise was conducted just fews days ago and it was very shocking to see the level of wanton littering that had taken place. 

One begins to wonder if this whole exercise initiated by the President was worth it.  People just do not care and are not willing to change their attitude towards sanitation. 

Advertisement

We cannot continue like this and to win this battle against insanitary conditions in our environment, the NCCE must be resourced to embark on a serious educational drive.  The MMDCEs must also be held accountable for sanitation lapses in their administrative areas, by making sanitation part of their KPIs among other innovative policies.  This is one of the surest ways to overcome this sanitation challenge confronting us. God bless.

By Laud Kissi-Mensah

Continue Reading

Features

Disqualified — Part 1

Published

on

THE discussion lasted only ten minutes. Mr Philip Sampson, Eunice’s father, had asked to see him, and he was led to the sitting room for the first time. Mr Sampson indicated that he should sit down.

‘Yes, Kakraba. I know that you have been, er, friends with Eunice for some months now, and naturally, as her father, I thought it would be important to meet you, and to reach an understanding with you on, er, some basic issues. So, I hear you are a graduate in building technology. Now, tell me about what you do’.

‘Okay. I worked with the Electricity Company for two years after National Service. During that time I interacted with some lawyers and land surveyors on our project sites, so I suggested to some of them that we take some dilapidated buildings in some parts of Accra, rehabilitate them and find new owners. Soon after starting that I got a job as Project Manager with a group of development agencies who are executing projects in the Northern Region, so I have been balancing the two positions’.

‘I see. That sounds like a bold step. So is it going well, financially?’

Advertisement

‘Well, sir, I absolutely enjoy what I’m doing now. Financially, I would only say that I am a work in progress. A lot of what I’m doing now involves some risk taking, as it involves trust issues with land and property owners.

I am partnering with prominent lawyers and land surveyors, so I am not taking any serious risks. So currently I am doing okay financially, but it will take me some time before I reach the level where I can say I am comfortable financially.’

‘Okay. Now tell me about your parents’.

‘My father was an Agricultural Extension Officer, so we spent some time at several locations with him. He is now enjoying his retirement. And my mother is a retired nurse. I have three elder sisters, all married’.

Advertisement

‘So you live with your parents?’

‘Yes and no. My dad built his home on one acre at Pokuase, so he gave me one plot, and I have done a three-bedroom house, where I live’.

‘Okay, fine. Thanks for the answers. You see, in addition to my position socially, I spent many years in the diplomatic service, so I’m sure you will understand that I need to ensure that my kids, especially my daughters, maintain suitable relationships. For now I think it is fine that you and Eunice are friends. I’m sure you understand what I mean’.

‘Yes sir. I understand perfectly well.’

Advertisement

‘Great, okay, that would be all.’

Kakraba stood up, bowed and said thank you to Mr Sampson, and walked to the garden where his girlfriend Eunice, her mother Mrs Elaine Sampson and her two elder sisters, Yvonne and Emma, were seated, busily discussing some dresses being offered for sale online.

‘So,’ Mrs Elaine asked him, ‘you and Daddy had a good discussion?’

‘Yes, Ma. We certainly did. I really appreciate Dad for the discussion. It was really good.’

Advertisement

‘Great. Although he has met you here on quite a number of occasions, I think it is good that you have met for a chat.’

‘Yes indeed, Ma, and I really appreciate it. So Eunice, I will be on my way. I will call.’

Eunice led him to his car, and after driving off he exhaled and shook his head. Although he had long concluded that Eunice’s family were so snobbish that a future relationship with her would be problematic, this discussion, or was it interrogation, had virtually cancelled any likelihood.

Mr Sampson just told him, in no uncertain terms, that the Sampson family was so prominent and socially connected that a union between his daughter and him was undesirable.

Advertisement

He had a good relationship with Eunice. They shared some beautiful moments together, and often went out to entertainment joints, often with her three friends Marian, Patricia and Amanda. But Kakraba was often uncomfortable with their preferences.

Eunice regularly spoke about her family’s experiences during her father’s postings in Europe and Asia, and her three friends were always discussing the latest fashion trends, always noting the importance of placing themselves among the best-dressed ladies in town.

Eunice, her mother and siblings had indicated in several ways that he did not quite fit into their social standing. They had only said a mild ‘thank you’ when he brought them a goat or sheep and a generous amount of foodstuffs from the north every month.

But Kakraba did not really take it to heart, because they were quite inexpensive up north. Moreover, he always went to the food market and arranged with the truck drivers for a big package which was picked up by his buddy Paa John and delivered to his family and a few others, including the Sampsons.

Advertisement

By Ekow de Heer

Continue Reading
Advertisement

Trending