Features
Overview of the copyright law of Ghana Part 1
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 This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110).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”]
Features
The Prophet part 5
In the course of giving ‘directions,’ Osofo Antubam asked two women to wait till he finished with those in the queue. He had quietly suggested that he needed to spend time with them in order to detect the exact source of their problems, and they had also indicated their willingness to spend more time with him. He had one main objective in mind.
Mary and Suzzie had proven to be hugely helpful to him, but they had failed to help in the one most important area – the bedroom. He didn’t want to make the mistake of spending another night alone, and he wanted an alternative arrangement, just in case the girls disappointed him again. His action proved to be very wise, a few minutes later.
“Osofo, we have finished. The total figure today for the offering, tithes and consultations is GH¢5, 200. We want to add them to yesterday’s money and pay it into the account, after you have taken what you need for your personal and church expenses.”
“I have already taken some money from the consultation fees, so please pay it all into the account. I will see you at the house, won’t I?’‘Osofo’, Suzzie replied, ‘I wish you could go with us to the bank. If you could introduce yourself briefly to the Manager, we would then pay the money into the bank and give the receipts to you.” “Don’t worry, ladies.
Just go to the bank and see to on it, and call me. Let me know when you are coming to the house.” The ladies agreed and left. “Well then’, Suzzie said, ‘how much did we make today?” “Let me see” “Mary replied. “GH₵ 600.”
“Good. Now let’s pay his money into the account and go home. Did you see those ladies who stayed behind? I think the Osofo will be having them for desert after eating our food. “I saw it clearly. And did you notice that he wants us to call him when we are leaving for his house.”
“Mary, I told you that very soon the ladies will be fighting over him. He may keep us on for some time, but eventually he will sack us when he realises that we have no intention of sleeping with him.
“Now,” Osofo Antubam addressed Maame Lydia, “what I want you to do is to go home and get a few things to spend the night at the mission house. I will spend time to get to the bottom of this problem.
I assure you that from tomorrow, you will see a complete change in your business, and you will also notice that you will look radiant, and everyone will notice you for the beautiful woman you are.”
“I thank you, Osofo. I believe you. I know you will help me.” “Take this for taxi in and out. Call me when you are leaving home, and I will give you the directions to the mission house.”
“Now, he said to Abena Grace, ‘let’s go to the mission house. Today, we will solve the problems permanently. From tomorrow, there will be a new Abena Grace, prosperous and beautiful.”
“Amen, Osofo, thank you so much,” Abena replied as they walked to the roadside to join the waiting taxi. “It’s almost seven,” Suzzie said to Mary. Let’s call him. Mary called, and Osofo Antubam answered. “Osofo, the account was opened this afternoon.
We paid the money in. We have all the documents here. When shall we bring them?” “Er, Mary, why don’t you bring them early tomorrow morning? If you can’t get here by five in the morning, then let’s meet at the church.”
“Okay then, Osofo, I think we’ll meet you at church.” “I told you Mary,” Suzzy said. “He must be busy enjoying his desert. We will have another plan ready by tomorrow.” “How long are we going to be in this business, Suzie? When do we stop?” Don’t be silly, Mary.
Have you got enough money to set up your salon? As for me, I need money to pay the rent advance on a shop in a good location, some money to buy some stuff to stock the shop, and some cash to keep for personal expenses.
The rate at which we are going, we could be okay in about two weeks. A couple of rich men can come any time to consult him, and that could solve our problem quickly. Have patience, Mary. We’ll be okay very soon. And don’t worry about the wife or concubine business.
I have already told you that I will never allow this fake pastor to even kiss any of us.” ‘Osofo,” Maame Lydia said as they waited for a taxi, “when do I see you again? I can come tomorrow if you want.”
“Let’s talk after the service tomorrow. I will try to find some time’. He hailed a taxi, paid the fare and ushered her in. Within a few minutes of entering his room, Abena Grace knocked, and Antubam ushered her in.
He poured a drink for the two of them. Make yourself comfortable, Lydia. We will have an enjoyable evening, and at the same time, you will see the end of your problems.
The whispers woke him up. It’s getting to time, they seemed to be saying. The radio people will come today. Get ready to go with them. You can start in Koforidua, then Kumasi, then Accra.
You will soon be too busy for the daily services. Change from daily to Mondays, Wednesdays and Fridays. You will be in demand all over the nation. Very soon, others will be jealous of your success.
Antubam nodded in appreciation. It’s getting interesting, he told himself. Very interesting. “Osofo, did you hear some strange noises like voices?” Abena Grace asked. “Voices? Maybe you were dreaming, Abena.
Now, why don’t you get closer to me and forget about voices in your dreams?” She didn’t mention the subject again, but she was very certain that some strange voices were speaking in the room.
And she noticed that Osofo Antubam was listening intently and nodding. She needed solutions to her problems urgently, and her friend Yaa Takyiwaa had told her about this new pastor who was doing wonders, and urged her to seek his assistance.
She agreed to go to his home because she thought that would help her get the solutions quicker. But even though she had never encountered them before, she had heard stories about dwarfs who provided all manner of spiritual solutions to people who helped them.
And she knew that in the long run, the results were disastrous. No, she decided. She will not have anything more to do with a pastor who employed dwarfs. “Osofo, I want to go home before my parents wake up.”
By Ekow de Heer
Features
‘Allahu As-Samad’ (Part 2)
Excellence of Tawakkul (Complete reliance on Allah)
In an ahadith of the Prophet Muhammad. It is narrated by Umar ibn Al-Khattab (RA):
“If you were to rely upon Allah with reliance due to Him, He would provide for you as He provides for the birds. They go out in the morning hungry and return with their bellies full.”
(Tirmidhi, Hadith 2344; Ibn Majah, Hadith 4164)
This hadith beautifully illustrates the concept of tawakkul (reliance on Allah). It emphasises that true reliance on Allah, coupled with taking necessary actions (as the birds do by leaving their nests in search of food), and ensures that Allah will fulfill our needs.
Interdependence among Humans
Although Allah is As-Samad and entirely independent, He created human beings to rely on one another as part of His divine wisdom. This interdependence fosters relationships and builds communities. Allah says:
“And We have created you in pairs.” (Qur’an 78:8).
The Prophet likened the believers to a single body, saying:
“The believers, in their mutual kindness, compassion, and sympathy, are just like one body. When one part of the body suffers, the whole body responds with sleeplessness and fever.” (Bukhari, Hadith 6011; Muslim, Hadith 2586).
Teaching the Concept of As-Samad to Our Children
To inculcate the concept of As-Samad in the lives of our children, we must start with education, role modeling, and active engagement:
•Teach Through the Qur’an and Sunnah: Introduce Surah Al-Ikhlas to children early on, explaining the meanings of As-Samad. Share relevant stories from the Qur’an and hadith that illustrate Allah’s independence and mercy.
•Encourage Dua and Reliance on Allah: Teach children to seek Allah’s help in all matters, big or small. Reinforce that Allah is the one who provides, protects, and guides.
•Foster Gratitude and Tawakkul: Instill a sense of gratitude for Allah’s blessings and reliance on Him during challenges. Encourage children to say, “Hasbunallahu wa ni’mal wakeel” (Allah is sufficient for us, and He is the best disposer of affairs) (Qur’an 3:173).
•Model Interdependence: Demonstrate how reliance on Allah does not negate collaboration with others. For example, encourage teamwork, sharing, and helping others while emphasizing that Allah is the ultimate provider.
Leveraging Strengths to Build Society
Allah has created each individual with unique strengths and abilities. It is our responsibility to recognise these gifts and use them to benefit others. Allah commands:
“Help one another in acts of righteousness and piety, and do not help one another in sin and transgression.” (Qur’an 5:2).
The Prophet said:
“The best of people are those who bring the most benefit to others.” (Tabarani, Hadith 8597).
Islam’s Call to Unity and Compassion
Islam is a religion that promotes unity, love, and compassion. Allah commands believers to maintain unity and avoid division:
“And hold firmly to the rope of Allah all together and do not become divided.” (Qur’an 3:103).
The Prophet emphasized the importance of caring for others:
“None of you truly believes until he loves for his brother what he loves for himself.” (Bukhari, Hadith 13; Muslim, Hadith 45).
Conclusion
In conclusion, the concept of As-Samad teaches us to recognise Allah’s perfection, independence, and sufficiency. As believers, we must:
• Acknowledge our dependence on Allah and place our absolute trust in Him.
• Teach and inculcate the concept of As-Samad into the lives of our children, fostering reliance on Allah and gratitude for His blessings.
• Recognise the interdependence among humans and actively support one another in righteousness.
• Promote unity, compassion, and generosity within our communities.
Allah and His Angels send Salaat and Salaam upon His Nabiyi, Oh Ye who believe, send the blessing upon the Prophet Mohammed (s.a.w.).
May Allah guide us to embody the meanings of As-Samad in our lives, strengthen our reliance on Him, and bless our families with faith and understanding. Ameen.
References
1. Qur’an 112:1-4
2. Qur’an 10:3
3. Qur’an 31:26
4. Qur’an 35:15. Qur’an 65:3. Qur’an 78:8. Qur’an 5:2. Qur’an 3:103
5. Tafsir Ibn Kathir, Surah Al-Ikhlas
6. Muslim, Hadith 2577
7. Tirmidhi, Hadith 2516
8. Bukhari, Hadith 4684
9. Tabarani, Hadith 8597
10. Bukhari, Hadith 6011
By Imam Alhaji Saeed Abdulai, 1BN – Michel Camp
