Protection of copyright works in Ghana

Copyright symbol ©

By Mahama Issah

Copyright grants authors, composers, software writers, website designers and other creators legal protection for their literary, artistic, computer software creations. These creations are usually referred to as works.

Copyright protects a wide variety of original and/or creative expressions such as novels, stories or poetical works, textbooks, essays or articles, plays, stage directions, film scenarios or broadcasting scripts, music, paintings, photographs, sculptures, architecture, etc. Other kinds of work are derivative works such as translation, adaption or other transformations of original works which contents constitute intellectual creations.

Original and derivative works in both cases are those works have to be themselves the results of a creative effort. A general rule is that the protection of the copyright in a derivative work is without prejudice to the protection of the works on which the derivations are based. Which implies derivative works can also enjoy protection provided it is done with the consent of the original author.

However, Copyright does not protect names, titles, slogans and other short phrases. Copyright does not also protect ideas, concepts, procedures, methods and events. Copyright protection extends only to the expressions of the idea. Though a concept or method of doing something is not subject to copyright, written instructions or sketches explaining or illustrating the concept or method are protected by copyright.

As already indicated, copyright protects literary works, musical works, artistic work, computer software, etc. For any of these works to be eligible for copyright protection it must be original.

An original work is one which is independently created without being copied from another or public domain materials. If the author exhibits certain degree of skill, labour, effort, judgment and time to create the work without copying from other creations, then such works can be considered as satisfying the condition of originality.

A work is not eligible for copyright unless it has been fixed in a definite medium of expression now known or later to be developed with the result that the work can directly or with the aid of a machine or device be perceived, reproduced or otherwise communicated.

 A work is not eligible for copyright unless it is created by a citizen or a person who is ordinarily resident in Ghana, first published in Ghana and in the case of a work first published outside Ghana if it is subsequently published in Ghana within thirty days of its publication outside Ghana, or a work in respect of which the Republic of Ghana has an obligation under an international treaty to grant protection.

Also, the eligibility of a work for copyright is not affected by its artistic quality, the purpose of the author in creating it or by the manner or form of its expression. For example if a two-year child draws something on a piece of paper and wants to register in the Copyright Office, the child cannot be denied registration on the basis that the object drawn is not nice, or is meaningless.

Mahama Issah, Principal Research Officer at Copyright Office, Accra. PC: UG

Copyright works do not enjoy global protection. However, works can be protected in 187 member states of Bern Convention or World Trade Organization (WTO) member countries. Copyright works are protected automatically and do not require any registration. Protection is based on principle of national treatments. States that protect works of her nationals must do same for other nationals who are from member states of the Bern Convention.

As a member of WIPO, Bern convention and WTO, Ghana enacted the Copyright Act, 2005 (Act 690) to conform to the international treaty on IP protection. The Copyright Office is mandated by the Act to register works such as literary, artistic, musical, sound recording, audiovisual, choreographic, derivative and computer software. Copyright registration does not require any search before Registration.

Section 40(1) of the Copyright Act states that "an individual whose name is indicated as the author on a work is presumed to be the author of the work in the absence of a proof to the contrary". Copyright is therefore automatic. It is not registration with the office that confers copyright onto the creator of works. That is to say, the sheer completion of a work by an author entitles him/her to copyright.

 As a result, copyright protection in most countries does not require formal registration or copyright notice "(c)" for protection. The copyright notice is used by an author to serve as a reminder or warning that no one can reproduce, translate, adopt, exhibit or perform in public, distribute, broadcast or communicate to the public without authorization from the author of copyright work and that all rights are for the author. This implies that any person who wants to exploit the works commercially must obtain authorization from the copyright owner.

In Ghana copyright works are registered because of the following reasons

 a. To maintain a record of works;

b. To publicize the rights of the owners; and

c. To give evidence of the ownership and authentication of intellectual property.

I therefore conclude by encouraging Ghanaians to avoid infringement of Intellectual property (IP) as violations of IP kills creativity. Protection of copyright works will promote creativity and attract foreign direct investment to the country.

Investors often prefer to invest in countries where there is a stable IP climate which works properly and in a foreseeable way and we need to work towards enabling such an IP climate in Ghana.

Source: integritynewstoday