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 This law, which was a replica of the British Copyright Act of 1911 was repealed in 1961 and replaced by the Copyright Act, 1961 (Act 85). Act 85 was also repealed by the Copyright Law of 1985, Provisional National Defence Council Law (PNDC Law 110).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