Features
Collective management organisations and efforts to protect rights owners (Part 2)
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In order to increase music users’ obligations, GHAMRO embarked on a number of programmes to ensure its members receive fair remuneration for their works. The programmes include training its members, computerising its database, sensitising users, signing agreements with user groups, and improving royalty collection methods (including the use of the copyright monitoring team). These activities led to annual increases in revenues.
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There has been significant growth in revenue from both mechanical rights (private copying levy) and performance rights. There was an increase in revenue from performing rights of 162.7 per cent in 2015 over that of 2014, and an increase of 73.8 per cent in 2016. This trend clearly shows that the programmes designed to increase user obligations in the form of sensitisation and signing of agreements, together with improvements in collection methods, are yielding fruits.
REPROGRAPHIC RIGHTS ORGANISATION OF GHANA (COPYGHANA)
The initial effort towards the establishment of CopyGhana started in 1999 as a joint effort between the Ghana Association of Writers and the Ghana Book Publishers Association under the auspices of the Copyright Office. The organisation was officially named CopyGhana in 2000. Between 2003 and 2011, the Reprographic Rights Organisation of Norway (Korpinor), provided annual funding for the operation of CopyGhana.
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CopyGhana is mandated under the Copyright Act of 2005 (Act 690) and the Copyright Regulations to serve as the Collective Management Organisation to license photocopying and some digital copying in the country. The organisation represents and protects the professional, economic, moral and other interests of members in Ghana and abroad.
The current member associations of CopyGhana are:
• Ghana Association of Writers • Ghana Book Publishers Association
• Ghana Journalists Association
• Ghana Association of Visual Artists
• Ghana Union of Professional Photographers
Collecting revenues for its members
Section 18 of the Copyright Regulations defines the mode for collecting revenues for the members of CopyGhana as follows:
1. A reprographic rights collecting society shall determine a fee in respect of photocopying of works protected by copyright and related rights by educational institutions and any other outlets where reprography is carried out commercially;
2. In furtherance of sub-regulation (1), the reprographic rights collecting society shall collect the fee on behalf of stakeholders and beneficiaries; and
3. Where there is a dispute over a fee imposed on photocopying of copyright works by a collecting society, the Tribunal shall levy a flat rate fee as it (Tribunal) considers fit.
The main sources of CopyGhana’s income are reprographic fees through licensing agreements with user institutions and the mechanical rights levy or private copying levy. The licensing strategies of the organisation have been public education, dialogue and negotiations with authorities of user institutions, student leaders and education policymakers.
The challenge the organisation had in its dialogue and negotiations with the authorities of the tertiary institutions was the issue of the minimum permitted copying rights. CopyGhana, in order to prove that the level of photocopying and digital copying being undertaken in the tertiary institutions is above the permitted level, undertook a survey in seven tertiary institutions. The survey was funded by Kopinor and the Copyright Clearance Centre of the USA. As a result, the survey:
1. Provided an important tool for licensing and distribution of remuneration to rights holders
2. Increased rights holders’ awareness of the infringement of their works
3. Raised the awareness of both the authorities and students of user institutions of the level and volume of copying in their institutions
4. Established a scientific way of fixing the tariff
CopyGhana used the results of the survey as a tool to conclude negotiations with 10 technical universities and one public university. Negotiations on signing licensing agreements with the other tertiary institutions are still ongoing, and this is expected to lead to a substantial increase in the revenue of the organisation.
AUDIOVISUAL RIGHTS SOCIETY OF GHANA (ARSOG)
Like the other two collective management organisations, ARSOG’s operations are enforced under the Copyright Act and Copyright Regulations. The organisation’s membership consists of producers, authors and performers in the audiovisual sector of the creative and performing arts industry.The organisation had 147 members in 2012 and, by the end of 2015, the number had increased to 216.
One of the first actions of ARSOG was to develop a website (www.arsog.org) to encourage interaction with its members and the general public. Members can register online as well as put their own works on the site to publicise them for sales locally and internationally.
In 2013, a number of projects were undertaken by ARSOG to help collect enough information for planning. Among the projects were:
1. An impact assessment of infringement on the film industry in the country
2. A market survey to identify true owners of works and the validity of credits of works
3. Identification and sensitisation of users of audiovisual works.
Collecting revenues for its members
Like the other two CMOs, ARSOG is a recipient of the levy on recordable material (blank levy) from the Government on behalf of the owners of audiovisual works. In addition, ARSOG collects royalties on behalf of owners from public users of audiovisual works. The main user categories are the same as that of GHAMRO.
The activities and processes aimed at enhancing the collection of royalties from users are similar to that of GHAMRO. In order to eliminate the duplication of efforts, ARSOG, as one of its resounding decisions to propel the society forward in 2016, entered into collaboration with GHAMRO for ease of operations in areas of common interest.
In conclusion, CMOs in Ghana have stood up to the task of representing their members’ interests vis à vis the public and government. Thus, CMOs are critical intermediaries for the enforcement of copyright laws. The CMOs have the capacity to provide the necessary infrastructure for managing digital rights if they get the needed support from government.
[This piece is culled from a study conducted by Magnus Ebo Duncan (PHD), titled: “Economiccontribution of copyright companies in Ghana”]
By Dr. Akofa K. Segbefia
Features
The Prophet part 4
Antobam woke up with a terrible headache. He checked the time on his mobile phone, 2:30 am. “What! Where is the money?” He asked aloud. “Where are those girls? Why did I drink so much of that whisky? What were those two girls up to?” He sat up on the bed and noticed a bulge close to the pillow.
He lifted the mattress and picked up the newspaper wrappers with the neatly arranged notes. He saw the neatly written record of the value of the notes. No, those girls are not thieves.
“It was my mistake. If I hadn’t drank myself to sleep they would be here in bed with me, giving me the time of my life. Pretty girls, those two. And so loyal and honest. Tomorrow will be different.”
“I will not drink any whisky, and I will show them that I am a real man. Just then he heard the whispers. Very soon it will be time, they seemed to be saying. This is an important day.”
The gold dealer will bring lots of money. Give him some of the liquid to drink, and we will prepare him. He will do very big business, and he will give you anything you ask for. There will be more miracles and testimonies today.
Antobam smiled to himself. “I am going to be a very rich man in only a few days man. Money, power, and women. Wow! Antobam got to the grounds at 5, but there were quite a number of people waiting.
Mr Kwame Dofu was among them. He greeted them all, and they came around to shake his hand. “My brothers and sisters, I assure you that whatever your problem is, you will not go home without a solution.” Shouts of “Amen” “thank” you Osofo and “you are a true man of God” responded.
“Please take your seats, and start talking to the great one about whatever bothers you. Before the service is over, there will be a solution.” He waved Mr Dofu over, and went with him to the wooden structure that serves as a temporary office.
“My brother, I have done quite a lot of work on the issue you came to see me about. I have prepared a special, powerful package for you. Take this, drink it, and go back to your business. I want to see you in two weeks.”
Beaming with smiles, Mr Dofu drank the foul smelling liquid in two gulps, said a big thank you to Antobam and took his leave. “I believe you, Papa Osofo. And I assure you that I will reward you, big time.”
Just when Osofo Antubam finished with Mr Dofu, Mary and Suzzie went over to him. “Good Morning ladies. I am very sorry about yesterday. I drank too much of the stuff you gave me. Today will be different, I assure you.”
“Don’t worry, Osofo. Since you are now setting things up, our main concern now is to help you to put things in place, and to make you comfortable. We are always there to serve you. This morning, Osofo, we want to go and clean up your place, and prepare something nice for you when you close.
And before coming to church, we will pass by the bank and collect the forms. After you have signed them, the account will be open. You can check the payments anytime and, of course, issue cheques whenever you need money.”
“Suzzie and Mary, I am happy I picked the two of you from the very start. Listen, I will take good care of you, okay? Here is some money. Buy whatever you need for the errands you have mentioned.
And here is the key. Please come back as early as you can. You know I need you here.” The service was very lively. The lively singing of praise songs was followed by one and a half hours of testimonies.
Most of them related to money – big sales, new jobs and overdue debts paid. But there were also testimonies about healing. Barren women had taken seed, and, of course, several men who had lost their bedroom authority had regained them, to the delight of their partners.
As he had promised, Antobam preached for only 30 minutes, exhorting the congregation to attend church regularly, pay their tithes and offerings, and strictly follow his ‘directions’ for securing solutions to their problems.
After another round of praises during which the congregation danced to the floor to drop their offering, he closed the service, grabbed the big bowl which was full to the brim with money, and moved to his desk. A long queue was quickly formed at the desk.
Meanwhile, Mary and Suzzie had gone to give Antobam’s place quite a decent look. A new bedsheet and pillows, a secondhand carpet and four plastic chairs placed in the verandah had done the trick.
They also prepared two fish and chicken stews. After all these, they rushed to the National Savings Bank and collected application forms for opening current and savings accounts.
They joined the service a few minutes before the main session closed. Antobam looked round and saw, to his relief, Mary and Suzzie moving towards him. “Hello ladies. What have you been up to?” “Quite a bit, Osofo. We’ve just collected your drink. Here you are. We’ve made a few changes at your place. I think you will like it. You will also have something nice to eat. Now, here are the forms for the savings and current accounts.
If you will sign them, the bank will open the account. From today, we can pay all monies direct into the account.” ‘How can I thank you, ladies?” “You don’t need to thank us,” Suzzie said. “It is our duty to help a man of God succeed.” “Okay, my ladies, please take the offerings and count them as you did yesterday.
You can add the payments made after the consultations. Will it be possible to pay them into the account today?” “Yes,” Mary said. “The bank closes at four. If we leave here at three, we would be there just in time.”
The two friends started counting, as Osofo Antobam gave his clients his directions for solving their problems. On quite a few occasions he closed his eyes as if he was receiving direction from above on what to do.
But as the fetish priest at the Nana Kofi Broni shrine and the dwarfs had assured him, the solutions would certainly be provided. Having heard the huge testimonies earlier in the day, the clients parted with substantial sums of money in expectation.
By Ekow de Heer
Features
The issue of spiritual father in our churches
A student was supposed to go to school as the natural cause of events should be when universities or schools in general opens but this was not the case in a certain young man’s life.
He decided to postpone his trip because apparently he could not get to meet his pastor, his spiritual father. The question is, should this spiritual father die, will the young man’s life come to an end?
Does it mean in such an instance, he is going to curtail his education? This is a worrying trend in a lot of churches where the pastors use this notion of spiritual father to manipulate members especially the youth.
Some unscrupulous pastors utilise this spiritual father concept to have affairs with gullible young ladies in their churches.
Now with homosexuality gradually making inroads into some of the churches, young men are becoming vulnerable to pastors who have hidden homosexual inclinations.
This spiritual father concept is a Biblical concept that runs through both the Old Testament as well as the New Testament. We see it in 2 Kings 4:12 where Gehazi is serving Elisha and also in the New Testament we see Paul relating to Timothy in 1 Timothy 1:2 as a Spiritual Father.
In fact, the concept of spiritual father is a good thing if executed according to the word of God since it helps in guiding the younger ones. However, it becomes problematic when it is being executed by unscrupulous wolves in sheepskins as described by Jesus in Mathew 7:15.
I see it as a way that these unscrupulous so-called men of God maintain their hold on the congregants so they do not question their unchristian actions.
One of the things I have observed since I got born again many years ago is that, any pastor who often insists that members recognise that he is their spiritual father is a warning sign that he is doing some wrong things or is about to indulge in some wrong things.
A parent complained about how his daughter was being influenced by a pastor of the church she attends and how worried he was. I am sure there are many parents out there with stories to tell about how their wards are being made to see their pastors almost like their Jesus.
These pastors have managed to make their congregants so loyal to them and to believe in them so much that it is terrifying, as a parent.
The way things are going, an immediate intervention is required otherwise I am not a prophet of doom but I forsee unfortunate instances where parents burst into church auditoriums and star shooting some Pastors out of frustration and anger.
We cannot look on unconcerned as a society and allow unscrupulous fraudsters using the name of God to create problems for families. My recommendation is for a certain amount of regulation in order to bring some sanity in religious practices.
I agree that ordinarily regulating religious practices makes it a bit restrictive in terms of freedom of worship as enshrined in our constitution but given the way things are going, a bit of regulation will not be out of place.
Disgusting stuff are being attributed to some men of God. There are cases of manipulation of young ladies and sometimes married women by so called men of God and it is bringing Christianity and therefore the name of the Lord into disrepute.
Christianity is gradually losing its attractiveness as a result of the negative reportage resulting from disgusting stuff happening in Christian circles. The way some pastors have been manipulating congregants to take money from them leaves much to be desired to the point where they are convincing some of the youth to give out their phones. May God help us.
By Laud Kissi-Mensah