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Collective management organisations and efforts to protect rights owners (Part 1)

Copyright law Pix

Though copyright laws are made to protect rights owners, individual management of rights is practically impossible for certain types of use. The impracticability of enforcing the laws individually – both for the owner of the rights and for the user – creates a need for collective management organisations.

This article presents how the collective management organisations (CMOs) in Ghana are acting in the interest and on behalf of the owners of rights. Ghana’s examples can be emulated by CMOs in other countries.

THE LAW AND CREATION OF COLLECTIVE MANAGEMENT ORGANISATIONS

Article 36(2) of the 1992 Constitution of the Republic of Ghana stipulates as follows: The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include:

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(a) the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;

(b) affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy.

3D illustration of two rubber stamps with copyright word and symbol over kraft paper background, Concept of copyrighted material

These Constitutional provisions are in tandem with the objects of copyright law, which establish appropriate mechanisms to protect the work of creators and give them incentives to produce new works for public consumption.

Section 49 of the Copyright Act, 2005 (Act 690) gives a legal backing for the formation of collective copyright administration societies. The Section provides as follows:

1. Authors, producers, performers and publishers may form collective administration societies for the promotion and protection of their interest.

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2. A collective administration society may, acting on the authority of the owner of a right, collect and distribute royalties and other remuneration accruing to the owner.

3. The Minister may, by legislative instrument (L.I.), make regulations for the formation, operation and administration of societies.

In line with the above provisions of the Copyright Act, three (3) collective management organisations have been formed in Ghana. These are:

• Ghana Music Rights Organization (GHAMRO)

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• Reprographic Rights Organization of Ghana (CopyGhana)

• Audiovisual Rights Society of Ghana (ARSOG)

The activities and operations of these collective management organizations are regulated by law i.e. the Copyright Regulations, 2010 (L.I. 1962) and the Hon. Minister for Justice has oversight responsibility over the CMOs. The Regulations contain elaborate provisions on the formation, operation and the administration of the CMOs. CMOs are registered as companies limited by guarantee. However, it is the Minister for Justice who grants them a certificate of approval to operate as CMOs.

LEVY ON DEVICES USED FOR THE REPRODUCTION OF COPYRIGHT MATERIALS (PRIVATE COPYING LEVY)

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The Copyright Act, 2005 (Act 690) imposes a levy on devices used for reproducing copyright materials. This levy is also known as the private copying levy. The levy, which is collected by the Customs Division of the Ghana Revenue Authority (GRA), covers both the media and equipment used to copy copyright protected materials, which are imported into the country.

The Copyright Regulations, 2010 (L.I. 1962) set out the devices on which the levy is imposed and the procedure for the distribution of the proceeds of the levy to rightsholders. Currently, the levy constitutes the largest source of income for the collective management organisations in Ghana.

GHANA MUSIC RIGHTS ORGANIZATION (GHAMRO)

GHAMRO’s principal roles are to manage the rights of music owners and to issue licences to music users. The membership of GHAMRO is made up of authors/composers and publishers. The organisation’s membership in 2015 was 3,277 and grew to 4,138 in 2016.

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Collecting revenues for members

GHAMRO as a CMO, is responsible for ensuring that tariffs are designed to make commercial use of musical works benefit those who compose and publish them. The sources of revenue for the society are revenue from mechanical rights, performance rights, and other sources.

GHAMRO collects fees from users who engage in public performance of music. The organisation has established a vertical hierarchy of the various types of exploitation in which music is performed. Three classifications of exploitation have been made on the basis of the role played by music. These are:

(a) Exploitation where music is essential or indispensable (e.g. radio and TV broadcasting, live performances, disc jockeys);

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(b) Exploitation where music creates the atmosphere and is thus necessary (e.g. night clubs, hotels, restaurants, pubs); and

(c) Exploitation where music serves as a background which is not strictly necessary but is favourable to have (e.g. caller tunes used by telecommunication companies).

Currently, the main user categories recorded in the organisation’s books are as follows:

1. Broadcasting stations (radio and television)

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2. Hotels

3. Restaurants and bars

4. Night clubs, drinking bars and pubs

5. Financial institutions

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6. Fuel retailing stations

7. Telecommunication operators

8. Live performance by various event organisers

9. Shops and malls

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10. Barber shops and salons

The organisation has also taken steps to broaden its licensing stream to cover digital music licensing, airlines, road transport unions, secondary schools and churches.

The third source of revenue, which constitutes a very small proportion of total revenue generated, are the token fees charged for the registration of new members as well as for updating their records with new works.

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

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The Prophet part 9

Antubam followed her. She indicated for him to sit down. She was about to call Mary when she emerged from the hall, followed by Suzzie.

“It’s good you are both here,” she said. “There’s something I need to tell all three of you. Mr Antubam, I will not waste time on your so-called interest in me, because you and I are two very different people with absolutely nothing in common. The main point I want to make now is that your so-called church is nothing but a fraud with which you are deceiving people who may be ignorant today, but are still precious in God’s sight.

Apart from deceiving them and enriching yourself, you are using God’s name to commit fraud. Today you may be enjoying money, food, alcohol and women, but you will certainly pay a high price for it, unless of course you are willing to repent now. My concern is for my two sisters.

I am demanding that they cut all links with you, now. No visits to your home or church, and no telephone calls. I have told them to give you back every penny you have given them. I am prepared to find money to pay whatever they owe you. That is all I have to say.”

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Antubam rose, furious, and point­ed his finger at her.

“Let me warn you, Betty. Yes, I am interested in you, and I am ready to take care of all your needs, even to rent a house and buy a car for you. But I will not allow you to insult me. You better withdraw those words you have used against me now, or I will deal with you very soon.”

“Don’t make me laugh, Antubam. You? Deal with me? Why don’t you deal with me now? You have to wait till you go to the shrine and beg the fetish priest to deal with me? See how miserable you are? I dare you! Leave my house now, and go to that miserable fetish priest and get him to rain down all his powers on me!”

“You will see!” Antubam declared as he moved towards his car. He hesitated for a moment to see if Mary and Suzzie would walk him to the car, but noticing that they were firmly glued to their seats he got in the car and drove home.

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He got out of the car and went straight to the drinks cupboard, poured himself a full glass of whisky and gulped down half of it. He sat down and called his batman, Kofi Takyi.

“Which two women did you call today?”

“Aggie, one of the new members is in. She is having supper in the guest room. Priscilla will be coming around 9pm.”

“Good work, Kofi. Now, get me my food.” After wolfing down the fufu and light soup, he gulped down the other half of the whisky and stretched out on the sofa and began a smooth, rhythmic snore. Priscilla entered, walked over and, shaking her head, strolled to the bedroom.

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Betty came from the shower to find the two friends still glued to their seats.

“Well? Aren’t you two going to say anything?”

“I have something to say,” Mary said. “I don’t understand you, Betty. You want us to cut all links with Antubam, and to refund all the money he has given us. Now, when we do that, do we come back here tomorrow, sit and stare at the sky and hope and pray that our holy sister (Betty) will bring us manna to eat?”

“Such a stupid statement must not come from you, Mary. What hap­pened to your WASSCE qualifications and your intelligence? Here’s some free advice. Get on the internet. Submit applications for university admission. I am prepared to pay for the two of you. And from tomorrow, start studying the Bible seriously, with the intention of doing what it says. I assure you, there are solu­tions in the Bible for every problem you face today, and will face tomor­row. All you need, Mary, is to use your God-given intelligence. How could you stoop so low as to take money from a common thief and drunkard like Antubam?”

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Suzzie rose quietly and held Betty’s hand. “Do you know, Betty? Until a few minutes ago I did not know that you cared so much about me that you consider me your sister. I promise you. We will do as you say. Mary, we will go and collect the rent money, add it to all the money we have taken, and pay it into the ac­count. From tomorrow, Betty, Mary and I will follow you wherever you go’. With tears streaming down her cheeks she walked away.”

Antubam got up with a start. He checked the time on his phone. It was midnight. He sat up, and was moving towards the bedroom when he heard the voices.

“Is anything the matter?” he said. “You have never come here at this time. I thought you only come at dawn.”

“We are always here. We only contact you when we have to. We have to warn you. That girl is trouble. If you don’t leave her alone there will be problems.”

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“I don’t understand. I can’t leave her alone. I must sleep with her as many times as possible, conquer her. Why can’t you get her for me?”

“She is firmly buried in the book. You are sleeping with two women every night, and there are many more available in the church. Leave that girl alone?”

“Do you fear her? What book is that? I don’t know why…..” before he could finish the sentence sever­al flashes of pain like a horsewhip on fire cut across his back, and he yelled, bringing Priscilla and Aggie from their rooms.

“What is it, Antubam?” Priscilla asked.

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“Er…er. I saw a revelation about a church member who is in some trou­ble. I need to pray for her. Please go back to the rooms. I will join you soon.” Aggie went to the room, but Priscilla lingered.

“Antubam, why don’t you tell me what the problem is so that I can help you? It appears you have just received some spiritual lashes. Are you being punished for something you have done?”

“Perhaps your husband is punish­ing me for sleeping with you.”

“Do you dare insult me, Antubam. You will certainly regret speaking to me like this?”

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“You have a loud mouth, but your only abilities in life, Priscilla, are sex and extorting money. I will come and sleep with you shortly, and give you money in the morning. Now leave!” She slipped out quietly, and the voices resumed.

“Next time you talk like that you will receive a much bigger punish­ment. We are only trying to protect you. You are planning to go to the shrine tomorrow morning to invoke curses on the girl. Be careful. Our master may grant your wish if you press him, but you may regret it.”

“I am sorry if I sound ungrateful, but I just can’t resist that girl. She is so beautiful and sexy. Moreover she has insulted me, and I must punish her.”

“Remember we warned you. You are already in danger. One of your competitors is asking questions about you, and thinking about the possibility of dealing with you. Je­hoshaphat Agyiri. Everyone calls him Gidigidi.”

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“I have heard of him. But what have I done?”

“He belongs to us. We work for him. He wants to check if you will threaten him. He can’t do you any harm as long as you use the stick. But your main problem will come from the girl.”

“Thank you for your help. As for the girl, please talk to Nana Broni for me. I am ready to pay anything for the pleasure of catching that girl in my bed and disciplining her.”

“Antubam,” Priscilla started, “are you going to apologise for the way you spoke to me? And are you going to apologise for bringing another woman here even though I am here with you?”

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“Are you going to collect money from me tomorrow morning, Priscil­la?”

“Get into bed, you idiot. I wonder why those women in the church can­not see you for the cheap fraudster you really are.”

Antubam took off at dawn, and arrived at the shrine before five.

“You are welcome, Antubam. We know, yet we still ask, as the saying goes. What brings you here?”

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“You already know, Okomfo. I must have the girl at all costs. I am prepared to pay anything.”

“I have already consulted Nana Ama Kokoben. I have prepared a fire for her. She will be here any minute, with her mirrors. What you are asking is beyond me, but she is willing to help you. Ah, here she is.”

The small woman sat on a stool next to Okomfo, and stared into Antubam’s eyes for several minutes.

“I will try to help you, but the effort will come from you.” They moved over to the fire, and she placed the two mirrors over the fire.”

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“Look! You will see the girl. Take this needle. When she appears in the mirror, pierce her eyes with the needle. By the time you get back to Tafo she will be at your house. From today, she will follow you just as a dog follows its master.”

By Ekow de Heer

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Toothache: Understanding the causes, symptoms, and treatment options

A toothache is a painful sensation in or around a tooth, which can be caused by a variety of factors.

It is a common dental emer­gency that can affect anyone, regardless of age or oral health.

Toothaches can range from mild to severe and can be ac­companied by other symptoms such as swelling, sensitivity, and difficulty chewing.

Causes of toothache

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There are several causes of toothache, including:

1. Tooth decay: Tooth decay is the most common cause of toothache. It occurs when bacteria in the mouth break down the enamel of the tooth, creating a cavity.

2. Gum disease: Gum dis­ease, also known as periodontal disease, can cause toothache. It occurs when bacteria in the mouth infect the gums, causing inflammation and pain.

3. Cracked tooth: A cracked tooth can cause toothache. This can occur due to biting or chewing on something hard, or due to a blow to the mouth.

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4. Dental abscess: A dental abscess is a pocket of pus that forms in the gum tissue. It can cause severe toothache and swelling.

5. Grinding or clenching: Grinding or clenching the teeth can cause toothache. This can occur due to stress, anxiety, or a misaligned bite.

6. Loose or broken filling: A loose or broken filling can cause toothache. This can occur due to wear and tear, or due to a blow to the mouth.

Symptoms of toothache

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The symptoms of tooth­ache can vary depending on the cause and severity of the condition. Common symptoms include:

1. Pain: A sharp, stabbing, or dull ache in the tooth or surrounding gum tissue.

2. Sensitivity: Sensitivity to hot or cold temperatures, sweet or sour tastes, or pres­sure.

3. Swelling: Swelling of the gum tissue or face.

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4. Difficulty chewing: Diffi­culty chewing or biting due to pain or discomfort.

5. Bad breath: Bad breath or a bad taste in the mouth.

Diagnosis of Toothache

Diagnosing toothache typical­ly involves a combination of:

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1. Visual examination: A visual examination of the tooth and surrounding gum tissue.

2. X-rays: X-rays may be tak­en to check for signs of tooth decay, abscesses, or other problems.

3. Percussion test: A per­cussion test, which involves tapping on the tooth to check for sensitivity.

Treatment options for tooth­ache

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The treatment options for toothache depend on the cause and severity of the condition. Common treatment options include:

1. Fillings: Fillings may be used to repair a tooth that has been damaged by decay or trauma.

2. Extractions: In some cases, a tooth may need to be extracted due to severe decay or damage.

3. Root canals: Root canals may be performed to remove infected pulp from the tooth.

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4. Crown or bridge: A crown or bridge may be used to repair a damaged tooth or replace a missing tooth.

5. Pain relief: Pain relief medication, such as ibuprofen or acetaminophen, may be prescribed to manage pain and discomfort.

Home remedies for tooth­ache

There are several home rem­edies that can help to alleviate toothache, including:

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1. Cold compress: Applying a cold compress to the affected area can help to reduce pain and swelling.

2. Salt water rinse: Rinsing the mouth with warm salt wa­ter can help to reduce pain and inflammation.

3. Cloves: Applying a clove to the affected tooth can help to numb the area and reduce pain.

4. Over-the-counter pain relief: Taking over-the-counter pain relief medication, such as ibuprofen or acetaminophen, can help to manage pain and discomfort.

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Prevention of toothache

Preventing toothache involves maintaining good oral hygiene habits, including:

1. Brushing and flossing: Brushing and flossing regularly to remove plaque and bacteria from the teeth.

2. Regular dental check-ups: Regular dental check-ups can help to identify and treat oral health problems early on.

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3. Avoiding sugary and acidic foods: Avoiding sugary and acidic foods and drinks can help to reduce the risk of tooth decay and erosion.

4. Wearing a mouth guard: Wearing a mouthguard can help to protect the teeth from injury during sports or other activi­ties.

Conclusion

Toothache is a common dental emergency that can be caused by a variety of factors.

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Understanding the causes, symptoms, and treatment options for toothache can help individuals to seek prompt treatment and alleviate pain and discomfort.

By maintaining good oral hy­giene habits and avoiding sug­ary and acidic foods and drinks, individuals can reduce their risk of developing toothache.

By Robert Ekow Grimmond-Thompson

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