Features
Collective management organisations and efforts to protect rights owners (Part 1)
[This piece is culled from a study conducted byMagnus Ebo Duncan (PHD), titled: “Economic
contribution of copyright companies in Ghana”]
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:
(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.
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.
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)
• 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)
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.
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);
(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)
2. Hotels
3. Restaurants and bars
4. Night clubs, drinking bars and pubs
5. Financial institutions
6. Fuel retailing stations
7. Telecommunication operators
8. Live performance by various event organisers
9. Shops and malls
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.
Features
Who knows tomorrow?
Recently a friend posted a sad news on his Facebook page, announcing the death of a school mate who had passed away, suddenly. The report had it that he was on his way to the airport to take a flight to Ghana.
I am sure this man had already informed the wife or a friend or a work colleague at work that he was returning home but he was not to return as a human being but as a dead body.
Such is life and so we need to be circumspect in how we go about things in life. The Bible reminds us that we are like grass which at one point in time looks elegant and the next moment becomes withered according to Psalm 90:5 and 6. It is for this reason that we need to guard our hearts with the word of God so that we shall be motivated to do the right thing, at all times.
This will enable us live on this planet, free from all sorts of troubles in our personal lives, even if we ignore the question of Heaven and Hell. Living a disciplined life delivers us from any kind of trouble as the Bible declares in Galatians 5:23 that against such there is no law.
The uncertainty surrounding our lives on earth is the more reason why people should commit their lives into the hands of the one who created it, in the first place unless you believe that the world created itself and that it appeared from nowhere.
Otherwise, the logical thing to do is to recognize the authority of the creator and surrender to his Lordship. Heaven is real and Hell is real, so for us who know the truth and have received Jesus as our Lord and Saviour, the onus lies on us to encourage our relations who have not believed and received Jesus into their lives, to do so.
We are a couple of days from another Easter Resurrection celebration and an opportunity to reflect on our lives in relation to the significance of Easter. In the Bible, the only occasion Jesus, Saviour of the world commands us to celebrate is his death and resurrection.
He never commanded his followers to celebrate his birth but like everything else, we chose to ignore Jesus’s instructions and decided to do what pleases us, just like our forefather and mother in the Garden of Eden.
Let us deliberately choose to do things differently as Christians this Easter, so we can really benefit from all the blessings that the celebration of the death and birth of Jesus, has on offer. Doing the same thing over and over and expecting a different result is definitely insanity.
I choose to be different this Easter and I am believing God for a newness of life so God’s glory would be revealed in me to draw the unsaved to him. It is only when people especially the unsaved, see the character of Christ in us, that they can be convinced about the authenticity of Jesus, as Saviour of the world, who can bring transformation in their lives too.
This is what would motivate them to surrender their lives to Jesus Christ. Let us make this Easter a memorable one that will be cherished for a long time. It is also a period for reconciliation and it would be great if in the spirit of Easter, we would try to reach out to those who have wronged us or have a grudge against us.
This would demonstrate that we have indeed accepted Jesus and that our religious posture is not a sham. May the good Lord grant us the grace to love our neighbours as ourselves, demonstrating the love of God in the process.
Those who have lost their loved ones and Easter brings sad memories, may the good Lord comfort and strengthen you. God bless.
.NB: ‘CHANGE KOTOKA INTERNATIONAL AIRPORT TO KOFI BAAKO INTERNATIONAL AIRPORT’
Features
Cosmetic deformities
COSMETIC deformities refer to physical imperfections or abnormalities that affect an individual’s appearance, often causing emotional distress and impacting their quality of life.
These deformities can be congenital, acquired, or result from various medical conditions or treatments. This article provides an in-depth exploration of cosmetic deformities, their types, causes, effects, and treatment options.
Types of cosmetic deformities
Cosmetic deformities can affect various parts of the body, including the face, skin, hair, nails, and teeth. Some common types of cosmetic deformities include:
1. Facial deformities: Congenital or acquired abnormalities affecting the shape, structure, or appearance of the face, such as cleft lip and palate, facial paralysis, or facial asymmetry.
2. Skin deformities: Conditions affecting the skin’s texture, tone, or appearance, such as acne, scars, birthmarks, or skin discoloration.
3. Hair deformities: Abnormalities affecting the hair’s growth, texture, or appearance, such as alopecia, hirsutism, or hair loss due to medical conditions or treatments.
4. Nail deformities: Conditions affecting the shape, size, or appearance of the nails, such as nail fungus, nail psoriasis, or nail trauma.
5. Dental deformities: Abnormalities affecting the shape, size, or appearance of the teeth, such as tooth decay, tooth loss, or malocclusion.
Causes of cosmetic deformities
Cosmetic deformities can result from various factors, including:
1. Genetics: Congenital conditions or inherited traits can cause cosmetic deformities.
2. Trauma: Injuries or accidents can result in cosmetic deformities, such as scars or facial trauma.
3. Medical conditions: Certain medical conditions, such as acne, psoriasis, or eczema, can cause cosmetic deformities.
4. Treatments and procedures: Medical treatments, such as chemotherapy, radiation therapy, or surgery, can result in cosmetic deformities.
5. Aging and environmental factors: Aging, sun exposure, and environmental factors can contribute to cosmetic deformities, such as wrinkles, fine lines, or age spots.
Effects of cosmetic deformities
Cosmetic deformities can have significant emotional and psychological effects on individuals, including:
1. Low self-esteem: Cosmetic deformities can lead to feelings of insecurity, self-consciousness, and low self-esteem.
2. Social anxiety: Individuals with cosmetic deformities may experience social anxiety, avoiding social interactions or feeling embarrassed in public.
3. Emotional distress: Cosmetic deformities can cause emotional distress, including depression, anxiety, or stress.
4. Impact on quality of life: Cosmetic deformities can affect an individual’s quality of life, impacting their relationships, career, or overall well-being.
Treatment options for cosmetic deformities
Various treatment options are available to address cosmetic deformities, including:
1. Surgical procedures: Surgical procedures, such as reconstructive surgery, cosmetic surgery, or dermatological surgery, can correct or improve cosmetic deformities.
2. Non-surgical treatments: Non-surgical treatments, such as laser therapy, chemical peels, or microdermabrasion, can address cosmetic concerns, such as skin texture, tone, or appearance.
3. Medical treatments: Medical treatments, such as topical creams, oral medications, or injectable treatments, can address cosmetic concerns, such as acne, hair loss, or nail deformities.
4. Prosthetic and orthotic devices: Prosthetic and orthotic devices, such as wigs, hairpieces, or dental prosthetics, can help individuals with cosmetic deformities.
5. Counselling and therapy: Counselling and therapy, such as cognitive-behavioral therapy or psychotherapy, can help individuals cope with the emotional and psychological effects of cosmetic deformities.
Conclusion
Cosmetic deformities can have significant emotional and psychological effects on individuals, impacting their quality of life and overall well-being.
Understanding the types, causes, and effects of cosmetic deformities is crucial in addressing these concerns.
Various treatment options are available, ranging from surgical procedures to non-surgical treatments, medical treatments, prosthetic and orthotic devices, and counselling and therapy.
By seeking professional help and support, individuals with cosmetic deformities can improve their appearance, boost their self-esteem, and enhance their overall quality of life.
Reference
1. “Cosmetic Deformities” by the American Society of Plastic Surgeons
