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COPYRIGHT LAw, 1985 ARRANGEMENT OF SECTIONS
Section
1 Authors of speciñed works entitled to copyright protectionlO 2$ Works elígible fOI copyright 3~ Ideas, concepts, etc. not protected by copyright 4. Copyright in works of the Government of Ghana and Inter...
national Bodies 5. Works of Ghanaian folklore protected 6. Ríghts oí authors 7. Ernployed authors 8$ Pubiic benefit works 9.. Programme-carrying signals
10. Duration of copyright in case of indíviduals 11. Duration of copyright in case of bodíes corporate ]2.. Duration of copyright in case oí anonymous works 13•. Duration of copyright in case of cinematographic works, etc.. 14.. Duratíon of copyrgiht in case of photographíc works 15.. Duration of copyright in case of folklore 16.. Duration of copyright in case of programme-carrying sígnals 17. Enforcement of author's rights under section 6(2) 18~ Permitted uses of works protected hy copyright 19. Transfer of copyright 20. Ephemeral recordings 21. Compulsory translation Iicence 22~ Scope and conditions of compulsory translation licence 23. Translatíon for broadcasting 24. Cornpulsory reproduction Iicence 25.. Scope and conditions of compulsory reproduction Iicence 26~ Reproduction Iicence for audio-visual fíxations 27.. Production of copies. ofcecords 28. Neíghbouring rights 29. Rights of perfomrance 30. Authoi ízation of broadcasts 31.. Performer's right to contraer 32. Authorization by performer 33. Rights of phonogram producers 34. Oblígations of phonogram producers
35. Notice of protecton of ríghts of producers of phonograms . 3~~,: Phonographíc performance' in public places
37. Rights of bioadcasting organízations 38.. Limitation on broadcasting rights 39. Publíc domain
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40. Registration of works, etc. 41.. The Copyright Office 42" Society of Authors 43" Infringement of copyright 44. Civil remedies 45. Offences relating to copyright, etc. 46.. Offences relating to folklore 47" Offences by bodies of persons 48.. Compensatíon to victim of offence 49" Al bitral proceedings 50. Extensión of reciprocal protection 51.. Amendment of Schedule 52" Regulations 51. Interpretation 54.. Repeal 55. Saving
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COPYRIGHT LAW~' 1985 3 of 25
INpursuance of the Provisional National Defence Council (Establish... ment) Proclamatíon, 1981, this Law is hereby made:
1. The author of any work specified in section 2 of this Law AutJ:fid of shall be .entítled to copyright and such protection as are provided ~~~kse . in relation to such work under this Law. entitled to
copyright protectíon.
2.. (1) Subject to the provisions of this section the following 'f0~~ fl " works are eligible for copyright- ~~yr~~r
(a) Iiterary works, (b) artistic works, (e) musical works, (d) sound recordings, (e) broadcasts, (f) cinematographíc works, (g) choreographic works, (h) derivative works, (i) programme-carryíng sígnals...
(2) A work ís not eligible for copyright unless->
(a) it is original in chalacter; (b) it has been wrítten clown, recorded or otherwise
reduced to material forro; and (e) it is
(i) created by a citízen of Ghana or a person who is ordinarily resident in Ghana;
(ii) first published in Ghana; and in the case of a work first publíshed outside Ghana is subse... quently published in Ghana wíthín thírty days of its publícation outsíde Ghana; or
(iii) a work in respect of which Ghana has an obligation under an international treaty to grant protection..
(3) The eligibility of a work for copyright is not affected by its artistic quality, the purpose of the author in creating it 01 by the manner or form of its expression,
(4) For tbe purposes of this section a work is original if it 1& the product of the independent efforts 'of the author,
3. Copyright under this Law does not extend to ideas, concepts, Ideas, con.. d th h hi r a sí il . cepts, etc.proce ures, me ods or oí er t mgs o a sim ar nature. . not protected
by copyright.
Copyright in ·4. Where a work specified in section 2 of this Law is made by or works of the under the direction or control of the Government of Ghana or a Ghana Government prescribed international body copyright in that work shall vest in and ínter.. the Government or that body. natíonal bodíes.
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4 of 25 Works oí 5$ (1) Works of Ghanaian folklore are hereby protected byGhanaian folklore.' copyright, proteeted,
(2) The 'rights of authors under this Law in such folklore are hereby vested in the Republic of Ghana as if the Republic were the original creator of the works,
(3) Where a person íntends to-use any such folklore other than for a use permitted under section 18 of this Law, he shall apply to the Secretary so to do, and shall pay such fee as may be prescribed fu relation thereto. ' '
(4) Any sums of money accruing from the use of folklore under this section shall be paid into a fund established by the Secre tary and shall be used for the prornotion of institutions for the benefit of authors, performers and translators.
Rights of 6& '(1) The author of any work whích is protected by copyright authors. shall have the exclusive right in respect of such work to do or autho
rise the doíng of any of the following acts->
(a) the reproduction of the work; (b) the translation, adaptation, arrangement or any other
transforrnation of the work; or (e) the cornmunication of the work to the publíc by per
formance, broadcasting or any other means..
, (2) In. additíon to the rights referred to in subsection (1) of this section, the au thor of any work which is protected by copyright shall have the sole right-« .
(o) to claim authorship of his work and in particular, to . dernand that his name or pseudonym be mentíoned
when any of the acts referred to in subsection (1) of this sectíon is done in relation to such work;
(h) to object to, and to seek relief in connection with any distortion, mutilation or other modiñcation of the work where such act would be or is prejudicial to his honour or reputation or where the work Is discredited thereby,
(e) to alter. the work at any time.
7,. Where a person creates a work- Employed authors,
(o) in the course of rus employment by another person; (b) under a contract for services; or (e) on cornmission by another person,
then in the absence of any enactment. or contract to the contrary the copyright in respect of that work shall vest in tbe employer or the person who commissions the work..
8.. ,(1) 'The rights referred to in section 6 of this Law shall not vest Pubticbeneftt in any person in respect of tf?e following .works- works.
'(a) an énactment; (b) a decision m~de by a Court or tribunal established,
. under any enaciment for the administration of justice , in Ghana;
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(¡:) a report made by a commission of enquiry appointed by the Government or any agency of the Government and published by the Government;
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(el) news, namely a report of fresh events or current infor... mation made by the media, whether published in written forrn, by broadcast, or communicated to the public by any other means,
(2) The Republic of Ghana is the trustee for the public of the works specifíed in subsection (1) of this section,
9$ Copyright in prograrnme..carryíng signals shall be the exclusive Programme right to prevent the distribution in Ghana or from Ghana of any carrying signals by any distributor for whom those signals were not intended sígnals, by their author: but it shall not be an infringement of the right of the author where the use of the work involves-s
(a) the reproduction in any marerial form, the communi... catión to the public and the broadcasting of the whole work or a substantial part thereof, either in its original form or in any forrn reccgnisably derived frorn the ori.. ginal by way of fair dealing for the purposes of scientifíc research, prívate use, criticism or review or the report ing of current events ;
(b) the broadcasting of the work if the broadcast is intended to be used for purposes of systematic instructíonal activities;
(e) the reproduction of a broadcast and the use of such reproduction in any educational institution or for the systernatic instructional activities of any .such educa tional iustitutiou; or
(d) its use for the purpose of a judicial proceeding Ol of any repon of such proceedíng. ,
Duration of 100 (1) Unless otherwise provided in this Law, the rights of the ,copyright' in author referred to in subsection (1) of section 6 of this Law arecase of índíviduals, protected during the Iife of the autbor and 50 years after bis death.
(2) Where a work is of joint authorship, the rights of the author referred to in subsection (1) of section 6 of this Law are protected during the Iife of the last surviving author and 50 years after his death..
Duration of . 1le Where the copyright in a work 1S owned by a public corpora...copyright in case of don or other body corporate the term of protection shall be 50 years bodies commencing from the date on which the work was made publico corporate.
Duration of , 12. Where a work is published anonymously or under a pseu copyright in donym tbe·ríghts· of the author referred to insubsection (1) of section tbe case of 6 of this Law are protected until the expiration of 50 years commenanonymous works. cing from tbe date on which the work was first published, but 'where .
before the expiration of that period the identity of the author is known or is no longer in doubt such rigbts are protected during the life of the author and 50 years arter bis death~
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Duratíon oí 13.. In the case of a cinematographic work, sound recording or 6 of 25 copyright in broadcast the rights of the author referred ro in subsection (1) ofcinematogra.. phic works, section 6 of this Law are protected until the expiration of 50 years etc. commencíng from the date of making of the work, or where the
work 18 made available to the public during such period wíth the consent of the author until the expiration of 50 years commencing from the date of its communication to the public,
Duration of 14. In the case of programme-carrying signals the rights of the copyright in case of pro.. author referred to in sectíon 9 oí this Law are protected until the gramme expiration of 50 years commencing from the date of the makíng of carrying the recording..signals,
Durat.ion c:f 15. In the case of a photographic work the rígnts of the author ~h~k~~~hic referred to in subsection (1) oí section 6 of thís Law are protected
, work, until the expíration of 50 years from the date of the making of the work, '
Duration oC 16. The rights vested in the Republíc of Ghana in respect of eopyrigh in folklore under sectíon 5 of this Law exist in perpetuity,case of folklore.
Enforcement 17. The rights vested in the author of a work under subsection (2) of author's of sectíon 6 of this Law exist in perpetuity and are enforceable by the ~~~i~nu~~~). author or rus successors in title whether or not the rights vested in
the author under subsection (1) of section 6 of trua Law are still vested in the author or ros successors in títle..
18~ (1) The use ofa Iiterary, artistio or scíentíñc work either in Pe:m~}ted fue. original language or in translatíon shall not be an lnfríngement ~so:ks of the right of the author in that work and shall not require the protecte~ consent of the owner of the copyright where such use involves-« by copyri¡ht
(a) the 'reproduction, translation, adaptation, arrangement or other transformation of the work for the user's use only, if the work has 'been made public;
(b) subject to subsection (2) of this section, the inclusión with an índication of the source and the name of the author of quotations from such work in another work, includ ing quotations from artieles in newspapers or periodicals in the forro of press summaries, if the work
'-from which the quotations are taken has been made public;
(e) subject to sub-section (3) of this section, tbe. utilization of the work by 'way of illustration in publications, broadcasts or sound or visual recordings for teaching, to the extent justified by the purpose, or the cornmuni... cation tbr teaching purposes of the work broadcast for use in educational institutions, or for professional
training or public education, ir the' work has been made pubHc;,
(d) in the case of.
(i) an article published in one or more n~wspapers or periodicals on current economic, political Ol" religious tapies; or '
IPINIl IGHAIC/I Page 8
7 of 25(H) a broadcast on current economic, political or religious tapies;
the reproduction of the article orbroadcast in the press or the communication of the article or broadcast to the public, if the source of the article or broadcast when so used is olear ly indicated, unless the article or broadcast, when first published or made, is accom... panied by an express condition prohibiting its use wíthout consent; .
(e) the reproduction or makíng available to the public by means of photographíc works, audio-visual works OI otner means of communication of any work that can be seen or heard in the, course of the reporting of fresh events or new information, if
(i) the work 1S reproduced or made available for the purpose of reporting by a news médium.: of fresh events or of new information; and
(H) the use of the work does not extend beyond that justified by the .purpose of keeping the public informed of current events:
(f) the reproduction of works of art or architecture in an audio...visual work for cinema or televisión or in a broadcast by televisión and the communication to the public of any of those works of art or architecture so produced, if those works are- '
(i) permanently located in a place wherc they can be viewed by the public; or
(ji) included in an audio...visual work for cinema or televísion by way only of background or as incidental to essential matters represented;
(g) subject to subsection (4) of this section, the reproduc tion in the media or the communication to the public of.- '
(i) any political speech delivered in public; (H) any speech delivered in public during legal pro
ceedings; or (iií) any lecture, address, sermon or other workof a
similar nature delivered in public, where the use by reproduction or communication to the public is exclusively for the purpose of reporting fresh events or new information;
(h) subject to subsection (5) of this section, the repro.. ductíon ,by recordings, photography or similar process by a public library, a non-cornmercial documentation centre, a scientific institution or an educational institu.... tion, of a literary, artistic or scientific work that· has been' lawfully made public before the reproduction is made..
(2) Paragraph (b) of subsection (1) of this section does not apply in respect of any particular quotations un1ess the quotations referred to in that paragraph are compatible with fair practice and the extent of the quotatiqns does Bot exceed what is justified for the purpose of the work in which the quotations are ,used$
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(3) Paragraph (e) oí subsection (1) of this section does not apply in respect of any particular work unless the use referred to in that paragraph ís compatible with faír practice and the source of the work used and the name of the author are indicated in the relevant publícation, broadcast or recording,
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(4) Paragraph (g) of subsection (1) of this section does not appty unless the reproduction referred to in that paragraph and the number of copies made in the reproduction are Iimited to what is requíred in the particular circumstances.
(5) Paragraph (h) of subsectíon (1) of thís section does not apply in respect of any particular establishment referred to in that paragraph unless the reproduction and tne copies made-e
(a) are Iimíted to the needs of the activities of that estab... , lishment:
(b) do not confííct with the 'normal exploitation of the work reproduced ; and
(e) do not unreasonably affect the rights of the author in the work.. '
, «(») The accidental or .íncidental inclusión of a work in the reporting by a news broadcast of fresh events or of.new information shall not be an infringement of the rights of the author in the work.
(7) The publication of the portrait of a person shall not be an infringement .of the rlgnts oí the author or other person having an interese in the portrait where the publication is related to scientific, educational or cultural purposes in general or to facts or events of public interest or events that have occurred in public,
19~ (1) The owner of copyright or neighbouring rights may Transfer of transfer the rights to a thírd party either in whole or in part, but the copyright, transfer whether in whole or in part shall not include the rights etc. referred to in subsectíon (2) of SecÜOD 6 of this Law.
, (2) The transfer in whole or in part of any of the rights referred to in sub...section (1)of section 6 of this Law snall not imply the transfer of any right referred to in subsection (2) of that section.
(3) A contract which requíres the total transfer of the rights referred tú in subsection (1) of section 6 of this Law shall be limited in scope to the use provided for in that contract&
(4) Copyright may be transferred by áSsignment, testamentary .disposition or operation of law.
(5) A.n assignment of copyright shaH be in writing and signed by the owner ofilie copyright or by the person authorised by him for the purpose.
(6) A Hcence to do an act faUing within copyright may be oral, written or inferred from conduct
,(7) In the case of joint authorship of a work an assignment or a licence in respect of such work shall be subject to me authorisation of the joint autnors..
(8) Where a wqrk is of joint authorship and one of the joint authors withholds his consent to an assignment or the granting of a
. licence, the matter shaH be referred to the Secretary to determine whether or not consent should 'be granted in respect of the assignment oc licence aud upon what conditioDS"
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(9) An assignment, a licence or testamentary disposition may be made or granted in. respect of a future or an existing work in respect of whieh no copyright subsists..
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Bphemeraí recordíngs,
Compulsory translatlon Iícence,
20.. (1) Where a work is broadcast by a broadcaster, he may by means of his own facilities make for the purpose of his broadcast a recordíng of the broadcast and produce copies of the recording for his own use. .
(2) Subject to subsection (3) of this section, where a recording is authorised under subsection (1) of this section all copies made of it shall be destroyed by the broadcaster within síx months com mencíng from the date on whích the recording ís made..
(3) Where a recordingauthorised under subsection (1) of this section is of exceptíonal documentary character a copy of the record ing may be preserved for presentation to the national archives of Ghana,
(4) Tne preservation for presentatíon to the national archives of Ghana of a copy of the recording of the broadcast of a workunder subsection (3) of this section does not otherwise affect the rights of the author in fue work that was broadcast,
(5) Whether a recording of a broadcast 18 of an exceptional documentary charaeter is a question of fact to be determined having regard to all the circumstances, in particular to the need for the enhancement of the historical and cultural aspects of lífe in Ghana,
21. (1) Where a work is expressed exclusively in words the ríght to make and publish a translation thereof shall be subject to coro pulsory Iicensing under the conditíons specifíed in thís section..
(2) A person who is a citizen of Ghana or is ordinarily resi... dent in Ghana may, subject to the provisions of thís sectíon, apply to the Secretary for a licence to make or for the purpose of making a translation oí a writing which is expressed-exclusively in words into English or any Ghanaian language, and to publish or authorise the publication of the translation in copies". .
(3) No application for a lícence under this section may be. filed untíl the expiration, as the case may be, of a period of.
(a) three years commencing from the date of the first publication of the work in copies if the licence is for translation mto the English language;
(h) one year commencing froro the date of the first publica.. tion ofthe work in copies ifthe licence is for translation. mto any Ghanaian l~uage..
(4) No licence shaU be granted under tbis section un1ess the Secretary is satisfied that
(a) no.translation ofthe work into tbe.language in question has ever been published in copies by or under the ~uthority of tbe owner of the right of trim.slation, or that a.11 previous editions in that language are out of print;
(b) following the expiration ofthe relevant period specified in subsection (3) of this section, the applicant either has requested the owner of tbe rigbt of translation for his consent· to translate the work buí has been refused, or in spite of genuine efforts made by the applicant he has been unable to locate the owner;
IPIN/l/GHA/C/l Puge 11
scooe and conditions ot cornpulsory translatíon licence~
(e) the applicant, at the time of makíng such request, sent a notice of his request to the International Copyright Information Centre at the Uníted Nations Educational, Scíentific and Cultural Organization (UNESCO), or to a national or regional copyright information centre .offlcially designated to that Organisation by the government ofthe country where the publisher ís believed to have his principal place of business;
(d) where the applicant cannot locate the .owner oí the right of translation, he has by registered mail sent copies of his application to the publisher whose name appears on the work and also to the national or regional copy right information centre specífied in paragraph (e) of this subsection, or in the absence of any such designa.. ted centre sent the second copy of hís application to the International Copyright Information Centre of the United Nations Educatíonal, Scientífíc and Cultural Organízation,
(5) For the purposes of paragraph (e) of subsection (4) of thís section the Copyright'Admí.iístrator shall keep up-to-date records of such centres for easy reference orcontact by interested persons,
(6) No licence shall be granted under thís sectíon untíl the expiration of a further period of.
(a) six months in the case of an applicatíon filed under paragraph (a) of subsection (3) of thís section; or
(h) nine months in the case of an applícation filed under paragraph (h) of subsection (3) of thís section.
(7) If during eíther of the periods specifíed in subsection (6) oí this section a translation of the work into the language in question is published in copies by or under the authority of the owner of the ríght of translation then no licence shall be granted for translation of the work..
(8) Where a work is composed mainly of illustrations, a Iicence to translate the text and to reproduce the illustrations shall be granted only if the conditions prescribed under section 24 are also fulfilled.
(9) Where the author of work has wíthdrawn all copies of the work from circulation no Iicence shall be granted in respect of the work under this section.
22.. (1) A lícence granted under section 21 of thís Lawshall-s
(a) be Iimited to the non-exclusive right to translate the work into the language in respect 01' which it is gra:nted, and to publísh copies of the translation in Ghana;
(b) be only for the purposes of teaching, scholarship or research;
(e) not be transferable by the licensee; Cd) not extend to the export of copks of the work in respect
ofwhich it i3 granted;
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(e) províde for just compensation, consistent with standards of royaltíes normally payable in the case of licences freely negotiated between persons in Ghana and the owners of the right of translation in any other country,
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(2) Where a licence is granted under sectíon 21 of this Law the licensee shall ensure that the work in respect of which the licence is granted is correctly translated and that all published copies íncíude-«
(a) the original title and the name of the author of the work ;
(b) a notice in the language of the translation stating that copies of the translated versión of the work are available for distribution in Ghana only; and
(e) a reprint of the copyright notíce, namely the symbol © accompanied by the name of the owner of the copyright and the year of first publicatíon, where the work of which the translation is made is published rwith a copyright notice, '
(3) A licence granted under sectíon 21 of this Law shall termínate ir a translatíon of the work in the same Ianguage and with substantially the same content as the edition for which the licence is
. granted is published in copies in Ghana by or under the authority of the owner of the right of translation, at a price reasonably related to that normally charged in Ghana for comparable work; and any copies already made before the licence is terminated may continué to be distributed until the stock is exhausted.
. 23. (1) Subject to the provisions of sections 21 and 22 of this 'transJation Law, a licence to translate aworkpublished in printed form or other bhcencdc !~t~ e f ducti J b d hi · h roa c~ ing,rorm O repro uctíon may a so e grante, un er t o s section to t e Ghana Broadcasting Corporation where
(a) the translation is made from a copy made and acquired in accordance wíth the laws of Ghana;
(b) the translation is for use only in broadcasts íntended exclusively for teaching or for the dissernination of the results of specialised technical or scíentific research to experta in a particular profession:
(e) the translatíon 15 in fact used exclusively for the purpose specified in paragraph (h) of this sLbsection.. throLlgh broadcasts that are lawful1y made and are intended for reception in Ghana, including broadcasts made from sound or visual recordings that are lawfully made and for the sol~ purpose of such broadcasts.
(2) A translation under this section of a .sound or visual recording may be exchanged only between departments or divisions oí the Ghana Broadcasting Corporation..
(3) A licence may also be granted under this section to the Ghana Broadcasting Corporation to translate any text incorporated in an audio..visual fixation that is itself prepared and published for the sale purpose ofbeing used in connection with systematic instruc 'tional activities..
(4) No translation made under mis section shall be used fo:r commercial purposes..
IPINI1 /GHA/C/I Page 13
24. (1) Where a Iiterary, scíentiñc or artistic work is published in Compuis~ry12 of 25 printed forro or other forrn of reproduction, the exclusive ríght to r~p~~uction reproduce the work and publish it in copies shall be subject to com- Ice e pulsory licensing under the conditíons specified in this section.
(2) A person who is a citizen of Ghana or is ordinarily resi dent in Ghana may, subject to the provisions of this section, appty tú the Secretary for a licence to reproduce or for the purpose of re producing a particular edition of a work referred to in subsection (1) of this section and to publish or authorise the publication of such reproduction in copies.
(3) No licence .shall be granted under this section-« (a) until the expiratíon, as the case may be, of a períod of
(i) three years commencing from the date of publi cation of a work of technology or of a natural or physical science including mathematics;
(Ii) seven years commencing from the date of publi catión of a work of fiction, poetry, drama or music or for a book of art; and
(iii) five years commencing from the date of publica... tion of any other work;
(b) unless the Secretary is satisfied that-«
(i) there has never been a sale or other distribution, authorised by the owner of the reproduction right, ofcopies of the particular edition in Ghana to the general public or in connection with systematic instructional actívities, at a price reasonably related tú that charged in Ghana for comparable works; or that there has been no such sale or other distribution during me immedíately preceding six months ; ,
(ii) the .applicant either has requested from the owner of the right of reproduction for hís authorisation to reproduce the work and has been refused, or in spite ,of genuíne efforts made by the applícant he has been unable tú locate the owner ;
(iii) the applicant, at the time of making such re quest, sent a notíce of his request either to the Internatíonal Copyright Informatíon Centre at the United Nations Educational, Scientífic and Cultural Organization (UNESCO), or a national or regional copyright information centre offi... cially designated .to that Organizatíon by the government of the country where the publisher is believed to have his principal place ofbusiness;
lP!NI1IGHAICíl Page 14
(iv) where the applicant cannot locate the owner of the. right of reproduction, the applicant has by registered mail sent copies of his applicatlon to the publisher whose narne appears on the ~ork ~nd also.to the national or regional copy right m[<;>rmatl0!1 centre specified in sub...para graph (iií) of this paragraph or in the absence of any such designated centre sent the second copy of his application to the International Copyright Information Centre of the United Nations Educational, Scientific and Cultural Organization,
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(4) For the purposes of paragraph (b) (iii) of subsection (3) of this section the Copyright Adminístrator shall keep up-to-date records of such centres for easy reference or contact by interested persona,
(5) No licence shall be granted under this section until after the expiratlon of a period of six months commencing frorn the date of the request referred to in paragraph (b) (iii) of subsection (3) of this section or from the date of dispatch of the copies of the applica tíon in accordance with paragraph (b) (iv) of that subsection, which period shall run concurrently with -the three years specifíed in para graph (o) O) of subsection (3) of thís section,
(6) Where the author of a work has withdrawn all copies of an edition of the work from círculation no licence shall be granted under this sectíon in respect of that edition,
25.. (1) A lícence granted under section 24 of thís Law shall- ScOP? .and conditíons ot
(a) be limited to the non..exclusive right to reproduce the compuilsory particular edítion of the work in respect oí whích it is reproduction granted d to publi h18 copieso· f h duction licence,,an ít e repro uction In Ghana for use in connection with systematíc instruc tional activities, but the price at which the reproduced copies are sold shall be at a Ievel not higher than such amount as is reasonably related tú the price normally charged in Ghana for comparable work;
(b) not be transferable by the Iicensee; (e) not extend to the export of copies of the particular
edition of the work in respect of which it is granted; (ti) provide for just compensation, consistent with stan... ·
dards of royaltiesnormaUy payable in thecaseof licences freely negotiated between persons in Gnana and the owners of the right of reproduction in any other country.
(2) Where a licence is granted 1inder section 24 of this Law the licensee shall ensure that the particular edition of the work in respect of which the liccnce is granted is accurately reproduced and that all published copies include the following
(a) the title of the particular edition of the work and the name of ~be author;
(6) a notice in the appropriate language stating that copies oí the reproduced version of the works are available for distribution in Ghana onIy; and .
1PIN111GHAIC/l Page 15
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Reproduetíon licence for audío-vísual flxatíons.
Productíon of copies of récords.
Ce) if the editíon which Is reproduced bears a copyright notice, a reprint of that notíce,
(3) A licence granted under sectíon 24 of this Law shall termínate-e
(a) whenever copies of an edition of the work in respect of which the Iícence is granted is distributed to the general publíc in Ghana; Oí
(b) whenever copiesoí the edition of the work 15 distributed in Ghana in connectíon with systematic instructional activities,
by or under the authority of the owner of the right of reproduction at a price reasonably related to that normally charged in Ghana for comparable work, ir such edition is in the same Ianguage and is substantially the same in content as the edition pi.blished under the licence ; and any copies already made before the licence 15 terminated may continúe to bé distributcd until the stock 15 exhausted.
26.. (1) A licence may be granted under thís sectionby the Secre tary to an applícant-«
(a) to reproduce in audio-visual form a Iawfully made audio-visual fíxatíon, including any protected work incorporated in it; or
(b) to translate any text íncorporated in such fixation into either English or any Ghanaian language,
(2) No licence shall be granted under this section unless the audio-visual fixation is prepared and published for the sole purpose of being used in connection with systematic instructional activities.
27. (1) A rnanufacturer of phonograrn may make copies of any musícal work or a similar adaptatíon thereof if
(a) copies of the musical work or a similar adaptation of them have previously been made in or imported into Ghana for the purpose of retail sale, and were so made wíth the Iicence of,· or imported by, the owner of rhe copyright in such work; and .
(b) before the making of the copies the manufacture! gives the owner of the copyright notíce of his intention to rnake the copies and the address at whích he intends to make them,
(2) The manufacturer shall not later than fífteen days before the 'sale of any of the copies made by him under this section send to the owner of the copyright or the person authorised by him for the pUIpose by registered post notice of his intention to seU or otherwise distribute the copies made and such notice shall contam
(a) the name and address of the manufacturer; (b) the title of the work to which the notice under para
graph (b) of subsection (1) of this section relates, \vith a description sufficient to identify the author of the work and the publisher thereof;
(e) the type of phonogram 00 which the manufacturer iutends to produce the work and an estímate of the number of copies he initially intends to seU;
IP/NI1IGHAICIl Page 16
(d) the ordínary selling .price of the copies the manufac turer íntends to reproduce and the amount of royalty payable in respect of them; and
15 of 25
(e) the earliest date on whích any of the copies may be avaílable for sale.
(3) The manufacturer shall, within fourteen days after he has sent the notice referred to in subsection (2) of this section, pay royaltíes tú the owner of the copyright, and shall have affíxed to each copy of the phonogram made by him an adhesive label íssued by the appropriate body or person as evidence of such payment,
(4) The royalty payable by the man ufacture~ under subsection (3) of this section shall be an amount not less than seven per centum of the ordinary retan selling price of each cOPY of the phonogram made under this section.
(5) It shall be an infringement of copyright where the manu facturer exhibits for sale or sells without the. adhesive label referred to in subsection (3) of this section any copy of a phonogram made by. him under this sectíon ..
28.. The protection granted under the provisions oí. sections 29 to Neighbouring 38 of this Law relating to neighbouring rights shall not in any way rights' affect affect copyright in a literary, scientific or artistíc work under this ~~;;~ght. . Law, and accordingly no provisión in any of the said sections shall be construed so as to affect copyright in any such work, , 299 A performer 'shall have the right to authorise orprohibit the Copyrightso
fíxation, recording, communicatíon to the public, transmission or perjormers, any other form ofuse of hís performance, and accordíngly no person shall do any of the following acts without the authorísation of'the performer-s-
Ca) the broadcastirig or communieation to the public of his performance, except->- .
(i) where it 1S made for a previously authorised fixation ; or .
(H) where the transmission 18 one that has been authorised by the broadcasting organization that transmits the first performance;
(b) the fixation of'Iiis performance not previously fixed on a physical medium;
(e) the reproduction of a fixation of his performance in the followíng cases :-.
O) where the performance is initially fixed without his authorisation ;
(ii) where the· reproduction ls· made ror purposes other tban tbose for which" the performer gives his authorisation; and
aH) where the .performance is initiaUy fixed in accordance with the provi&ioDS of this Law~ but the reproduction is made for purposes cther than those specified.
IP/N/1/GHAIC/1 Page 17
Authorisa.. 30.. In the 'absence of any Iaw or contract to the contrary, the tion authorisatíon to broadcast á performance under section 29 of this
16 of 25 relating to broadcast, Law does not imply a consent-
Ca) to license other broadcasting organizations to transmit the performance;
(b) to make a fixation oí fue performance; Ce) to reproduce the fixation where authorisation is granted
to broadcast and to make a fíxatíon ofthe performance ; (á) to broadcast the performance from the fíxation or any
reproduction of such fíxatíon where the authorisation granted is to make a fixation of the performance and to reproduce the ñxation.
Performer's 31" Nothing in this Law shall be construed 80 as to remove the ríght to right of a performer to agree by contract on such terms and condi contract. tions as he thinks fit for the use of his performance by another
persono
Authorisa.. 32•.Where two or more performers take part in the same per tion 'by r formance as a group, authorisation for the purposes of section 29perforrner,
of thís Law may be gíven by the legal representatíve of the group, if any, or by the leader of the group, '
Rights of 33.. (1) The producer of" a phonogram shall have the right to phonogram authorise OI prohibit the reproduction of that phonogram,producers,
(2) For the purposes of thís section a copy of a phonograrn shall be unlawful if with or without imitating the outward charac teristícs of the original work it incorporares aH or part of the pro ducer's phonogram wíthout bis authorisatíon.
(3). Where a phonogram that is published for commercial purposes <?T a reproduction thereof is used for broadcasting or for any other forro of communication to the public the user shall pay to the producer such lump sum as is just in respect of remuneration to the producer and the performers.
Obligations ,.14. (1) The producer of a phonogram shall state on the label of of phono the disc or on its container-ogram producers. Ca) the name of the author and those of the rnain per...
formers:
(b) .the title of the work; (e) the year of the cutting of the original matrix; (el) the name (whether individual or corporate) or diSe
tinguishing mark of the producer; and , (e) that the rights accruing to the producer under this
Law are reserved. (2) For the purposes of paragraph (a) of subsection (1) of
this, sectioD, chcirs, orchestras and eomposers shall be referred to by tbeir proper names apd by the Dame of the leader, ir any~
. .
'35" (1) "Where copies of a 'phoDogram are made for commercial Notice 53f purposes, there shall be printed on the copies a notice consisting of- ~~¡;~sc~~n of
(a) the symbol (j); and pr,?~ucers of ' f fu phonograrn~(b) the year 9f fust publicatloD o 'e pbonogram, .
placed in su;ch a mann~r as to give reasonable notice of claim of prqtection of the rights of the producer~
lP/Nl1lGHA/CI1 Page 18
, (2) Where the copies of the phonogram or their containers do not identify the producer or his licence in relation thereto by rus name; description or trade mark, fue notice shall also include me name of the person who .owns the rights of me producer..
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(3) Where the copies of the phonogram or theír containers do not identify the principal performers, me notice shaU also include the n3:m~ of the 'person who own s the rights of the performers,
(4) Nothíng in this Law shall prejudice the right of any person to use, in accordance with the provisions of this Law, fixations or reproductions made in good faith before fue coming into force of thís Law.
36.. Where in any public place by means of broadcasting, cinema... Phonogra.. tography, 'jukebóxes or other apparatus, phonographíc discs or phic other .devices are used in' a public performance the authors, per- petfobra,nce formers and the producers of the phonogram shall be entitled- tú ~~a~~s. le royalties in accordance with the provisions of this Law.
37" ~ broadcas.ti1}-g organization shall have the exclusive right to Rights of authorise or prohlblt-. broadcasting
(a) the .rebroadcasting of its broadcasts: organizations, '(h) the fixation of íts broadcasts; or (e) the reproduction of a fixation of its broadcasts where
(i) the .fixation used to make the reproduction '¡s made without authorisation ; or '
(ii) the broadcast is initially fíxed in accordance with the provisions of this Law, .but the repro.. duction is made for purposes other than those
,speciñed, . '
Limitation 38. The provisionsof sections 29, 30, 32, 33, 36,and 37 o~ this on Law shall netapply where tneacts referred 110 are concerned with-> broadcasting rights, ~)~wa~u~; ,
(b) the reporting of current events, except that no more ·tban short -excerpts ofa performance, 'phonogram or broadcast are used ;
(e) teaching or scientific.research; (d) quotations in the form ofshost excerpts of a perfo~m...
anee, phonogram or broadeast, which are compatible with fair practice and are justified by the informative purpose of those quotatíons,
'Phe 'public 39. (1) The following works shall belong to the public domain domaín, (a) ,works whose' terms of protection have expired;
(b) .works whose authors have renounced their rights; and (e) foreign works that do not enjoy protection in Ghana.
(2) For the purposes of paragraph (b) of subsection (1) 01' this section ren.unciation by'an author or his successor in title of his rights referroo to in subsection (1) of section 6 of this Law shall be by 'W!iting and made public, but any such renunciation shall not be contrary to any previous contractual obligation relating to me. work.
(3) Subject to the payment of such fee as may be deterroined by the Secretary in relation thereto, a work that has fallen into the public domain may be used \vithout any restriction.
rp!Nfl /GHA/C/l Page 19
(4) Any sums of money accruing from the payment oí fees under subsection (3) oí thís section shall be paid into a fund which shall be established by the Secretary for the promotion of institutions for thebenefit of authors, performers and translators, .
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Registration 40. (1) There shall be maintained by the Copyright Administratorofworks, etc. . registers in which shall be registered works, productions and asso
ciations of authors, (2) The purposes of registration of works are
(a) to maintain a record of works ; (b) to publicise the rights of the owners, and (e) to give ev id en ce 0[' the ownership of intellectual
property, (3) The publisher of a work in Ghana shall cause that work
to be .registered a11 the Copyright 'Office within three months of its publication and a copy of the best edition shall be deposited at that Offiee.
(4)' Any publisher who contravenes any of me provisions of .subsectíon (3) of this section shall be guilty of an offence and Hable on conviction to a fine not exceeding five thousand oedis.
41. (1) Por the purposes of thís Law there shall be established ~he Copy.. anofñce to be known as "the Copyright Office", ,nght Offíce,
, ,
(2) Except as otherwise provided, the Copyright Offíce shall be responsible for the implementation of this Law, '
(3)' The Copyright Offíce shall have a Copyright Admínístrator and supporting staff aH oí whom shaf be public oñícers and shall be appointedby the Provisional Natíonal -Defence Council on such
.terms and conditions as the Council may determine.
42. There shall be establíshed in Ghana a non-proñt making Society of body corporate whích shall, among other things, be responsible for authors, the promotion and protection of the ínterest of authors and, in . .
, particular the collection and distribution of any royaltíes or other renumeration accruíng to them in respect of their rights under sub section (1) of sectíon 6 of thís Law,
43. O) A person infringes another person's rights under thís Law Infringement if withoút the licence o!' authorization of that other person or a oí copyright, personauthorised by him to grant sueh licence cr authorisation etc. does, permíts or causes another person to
(a) reproduce, duplicate, extract, imitate,' or import iuto Ghana otherwise than' for his private use or permlt or cause to be reproduced, duplicated, extracted, imitated, or imported iuta Ghana otherwise than rO! his private uSe; or
(b) distribute or permit or cause to be distributed in Ghana by way of sale or hire or otherwlse; or
(e) exhibít' or permit or cause to be exhibited in public for commercial purposes, any workprotected under .this LaW$
IP/NIl/GHA/C/l Page 20
Offences relating to copyright, etc.
Offences relating ro folkíore, ,
Offences by bodies oC persons.
(2) For the purposes of this section the exploitatíon of a work in a manner prejudícial to the honour or reputation of the au thor shall be deemed an infringement of the ríghts of the author..
19 of 25
44. (1) Any personwhose rights under this Law are in imminent Civil danger of being infringed or are being infringed may ínítiate civil Remedies. proceedings in the High Court
(a) for an ínjunction to prevent fue ínfringement or pro... . hibit the continuation of the infringement; 01"
(b) for the recovery of damages for the infringement.. . . (2) Upon an ex parte application by the plaintíff, the Court
may, in chambers, make an order for the inspectíon of or removal .from the defendant's premises, copyright infringing materials which constitute evidence of infringement by the defendant.
(3) .The grant of' an ínjunction under subsectíon (1) of this section shall not affect the plaíntíff"s claim for damages in respect of losa sustained by hím as a result of the Infringement of his rights under this Law, .
(4) A person who sustaíns damage by reason of an infringe ment of bis rights under 'this Law may Institute civil proceedings against the perscn responsible for the ínfringement whether or not such person has been successfully prosecuted under this Law.
- i
45. Any person who infringes any copyright or neíghbouring right of another person under this Law shall be guilty of an offence and shall be Hable on summary conviction to a fine of not less thsn SZ10,OOO.OO and not exceedíng ~l,OOO,OOO.OO or to imprisonment not exceeding two years or ·both; and in the case of a continuíng offence to a further fine not less than ~5,OOO.OO and not exceeding ~SO,OOO.09 for each day during which the offence contínues.
46G (1) No person shall without the permission-ín writing of the Secretary import into Ghana, sell, offer or expose for sale or distri... bute in Ghana any copies oí the following works made. outside Ghana-«
(a) works of Ghanaían folklore; or (b) translations, adaptations, or arrangements of Gha~aian
folklore .. (2) Any person who contravenes subsection (1) of this section
shaU be guilty of an offence and liable on summary conviction to a fine of not less thanfllO,OOO.OO and not exceeding521,000,000..00 or tú imprisonment not exceeding two years or both; and in the case of a continuing offence to a further fine of not less!han ~5,OOO.OO for each day during which the offence continues.. ·
47~ (1) Where an offence is· committed by a body of persons under this Law then
(a) in the case ofa body corporate other than a partnership, every director or secretary of the body corpor~te sball also be guilty of the offence; ~d
(b) in the case of a partnership, every partner shall also be guilty of that offenoo..
IP/N/I/GHA/CI ¡ Page 21
(2) No person shall be guilty of an offenceunder subsection (1) of this .secticn ir he proves to the satisfaction of the court that the .offence in respect of whích he is charged was committed by sorne person other than himself and was without hís consent or conní ... vanee and that he exercised all such diligence to prevent the Com.. míssion of that offence as he ought to have exercised having regard to all the círcumstances.
20 of 25
48. In addition toany punishment imposed by the court in respect Compensa.. ofan offence under mis Law the coura may order-' don ro víctim
. or offence. (a)that all sums of money arisíng out of the ofíence and
received by the offender be accounted for by him and paid to the person entitled under this Law to those sums; and
(h) that all reproductíons, duplications, extracts, imita tions and other material involved in the infringement, and that all implements or devices used in the infringe... ment be forfeited and disposed of as the court may
,direct having regard to all the circumstances relating to the infringement,
49. (1) Notwithstanding the other provísions of this Law there Arbitral. may be appointed by the Secretary arbitiators for the settlement of proceedings, disputes under this Law where
(a) in the opinión of'the Secretary it is desirable so to do; Or (b) "the' parties ínvolved in a dispute apply to the Secretary
so to do. ' . '
(2) The Secretary may, by legislative instrument, make regu lations for the appoíntment of arbitrators, theír proceedings and other matters relating thereto,
. . SO" (1) The Secretary may, by legislatíve instrument, provide for Extension of
reciproca! treatment in relation to the rights to. which this Law re- recitPro~I be eí hat urovides urotecti ¡: imil pro ecnon.1ates, so e grven to any country t at ,prOVl es protection ror s al
rights in respect of Ghana as given by this .Law..
" "(2) Without prejudice to the provisíons oí subsection (1) of thís section works created in the countries specified in tbe Schedule to this Law, which countries are parties to the Universal Copyright Collvention, are hereby protected. '
51. (1) When any country other than Ghana becomes or cease-s Amendment to be a party to the Universal Copyright Con vention, the Secretary of Schedule. shaU; by legislative instrument, a.~end the Schedule to this Law by inserting or deleting the name of tbat country, as the case may require: "
Provicled that the Secretáry shaIl not be required to inserí "the name of a country if, before the said Convention has come into force in respect of that country, the Government of Ghana has given notice that it declines ,to recognise the accession oí that country.
(2) An instrument made under this section may contain tmnsitional and consequential provisions' as the Secretary thinb n~.
IP/Nl1lGHAIC/l Page 22
21 of 25 Regulations. 520 (1) Thé 'Secretary may, by Iegíslative instrument, make such
regulations as he may think fítfor the purpose of gíving full effect to the provísions of thís Law,
(2) Without prejudíce to the provisions of subsection (1) of this section regulations made thereunder may provide for- .
(a) anythíng to be prescribed under this Law; . (b) the application for a compulsory translatíon or repro
duction licence and related procedures; (e) measures to ensure the payment and transfer in con...
vertible currency oí compensation payable in respect of a compulsory translation or reproduction Iicence;
(d) the regístration and deposít of works; (e) the establishment oí a fund in accordance with section
5 of thís Law;
(f) the administratió~of the Copyright Offíce; (g) the appointment, duties and proceedings of arbítrators; (h) me forro and scope of contracts and Iicences relating to
publishing, performíng, photographíc and cinemato... graphic productions;
(i) the desígnation of Ghanaían folklore.
53!> In this Law unless the context otherwíse requíres-e "artistic work" ~eans irrespectíve....of artistíc quality any
of the following works (a) paintings, drawings, etchings, líthographs,
woodcuts, engravings or prínts; (h) ,photography not comprised in a cincmato
graph film; (e) maps, p lans or diagrama; (d) sculpture; (e) works of archítecture in the form of buildíngs
or models; or (n works of applied art, whether handícraft or
produced on an industrial scale;
."author' means a person who creates a work, but in rhe case of a broadcast transmitted from within a country, means the person by whom the arrangements for the mak ing of the transmission within that country were undertaken ; and in the case of a cinematographic film or sound rscording .means the person .~y whom the .arrangements for the making of the film or recording were undertaken;
"br,oadcasting" means me. transmitting for reception by the general public over a distance by means of radio, televisión electromagnetic emissions, light beams, wire, cable orother means;
"ehoreographic work" includes aH· forms of dance, whether or not in dramatic forro;
iP/N!! tGHA/en Page 23
22 of 25
"cínematographic work' means a fixation in a physical médium of images synchronised wíth or without sound, including video tapes and videograms.
."copy" means a reproduction of a work in a written form, or in the ferm of a recording or film, or in any other material form, but an object shall not be,taken to be a copy of al: architectural work unless the object is a building or a model; .
"derivativo work" means a work resultíng from adaptation, translation or other transformation ¡ of an original work in so Iar as ir constitutes an independent creation ;
"dístributíon" for the purposes of section 9 of this Law . means any operation by which programme-carrying
signals are transmitted 10' the general public or any sectíon thereof;
"distributor' for the purposes of section 9 of this Law means the person who decides that the distribution should take place;
"fíxatíon" means me embodiment of images or sounds in a material forro sufficiently permanent or stable to permit them tobe perceived, reproduced or cornmun i cated ; ,
"folklore" means all Iiterary, artistic and scientifíc work belonging to the cultural herítage of Ghana which were created, preserved and developed by ethnic oommunities of Ghana or by unidentifíed Ghanaian authors, and any such works designated under thís Law to be works oí Ghanaian folklore;
"literary work" includeir respective ofIiterary quality, any of the following->
(a) novels, stories or poetícal works; (b) plays, stage directions, film scenarios or
broadcasting scripts; (e) textbooks, treaties,' histories, biographies,
essays or articles; , (d) encyclopaedias, dictionaries, directorios or
anthologies:
(e) letters, reports or memoranda; and (j) Iectures, addresses or sermons:
"musical work' includes any musical work irrespective of its musical quality .and words composed for musical accompaniment;
"neighbouring rights" ineludes rights of . performing artistes in their performances, the rights of producers of phonograms in their phonograms and the rights of broadcastíng organizations in their Radio and Tele visión prografi?mes. ' ,
"performance" means me presentation of a work by such actíon as dancing, playíng, reciting, singing, delivering, declaiming or projecting to listeners or spectators:
IPINI1/GHA/C/1 Page 24
23 of 25
"performer" means the actor, dancer, declaimer, musician, singer or other person who performs a literary or artistic work and includes the conductor or director of a performance of any such work;
"phonogram" means any exclusively aural fixation of sounds of a performance or of other sounds ;
"public performance" means the performance of a work whích is presented to listeners or spectators not restric ted to specific persons belonging te aprívate group and which exceeds the limits of usual domestic represen tations;
"public place" means any building, place or conveyance to which for the .time being fue public are entitled or ,permitted ro have access, eíther without any condi tion or upon condition of making anv payment, .and includes theatres, cinemas, concert halls, dance halls, bars, clubs, sports grounds, holiday resorts, circuses, restaurants and commercial, bankíng and industrial establishments:
"programme-carryíng sígnals' means electronícally gene.... rated carríers transmitting Iive or recorded material con sisting of images, sounds or both, in their original form or any form recognisably derived from the origi-. nal, and emitred to or passing through a satellite situated in extra-terrestrial space:
"Secretary" means the Provisional NatiOD,a1 Defence Council Secretary responsible for Information ;
"sound recording" means work that results Jrom the fixation of a series of musical, spoken or other sound, but does noto include sounds accompanying a motion
picture or other audio-visual work regardless of the nature of the material objects in which those sounds are ernbodied ;
"work of joint authorship' means a work created by two or more authors in collaboratíon, in whích the indivi dual contríbutions are índistínguishable from each other ;
54. The Copyright Act, 1961 (Act 85) is hereby repealed, RepeaL
, 55.. The repeal of the Copyright Act, 1961 (Act 85)-shaU not affect Saving. , any copyright or other ríghts that were vested in any person by virtue of that Act, and any such rights shall continue to be enforce able as if they were conferred upon him under this Law.
IP/N/lIGHA/C/1 Page 25
SCHEDULE 24 of 25
COUNTRIES IN RES.PECT 'OF WHICH WORKS ARE PROTECTED UNDER SECTlüN 48 (2) BEING PARTIES
Tü THE UNIVERSAL COPYRIGHT CONVENTlüN
Algeria .Andorra "Argentina
Australia Austria
1 '.
Bahamas Bangladesh Belgium Brazil Bulgaria Cameroon Canadá Chile Colombia Costa Rica Cuba Czechoslovakia
Democratic .Kampuchea Denrnark Ecuador El Salvador Fiji Finland France Germán Democratic Republic Germany, Federal "Republíc of
Greece Guatemala Guinea Haití Holy See Hungary
Iceland India
Japan Kenya Laos Lebanon Líberia
Liechtenstein Luxembourg Malawi Malta Mauritius Mexico .Monaco Morocco Netherlands New Zealand Nicaragua' Nígeria
Pakistan Panamá Paraguay
Peru Phílipines Poland Portugal Senegal Soviet Unión Spain Sweden Swítzerland
Tunisia United Kingdom United States of América Venezuela Yugoslavia
IP/NI1IGFIA/C/ ! Page 26
25 of 25
Ireland Zambia Israel Belize Italy Dominican Republic Norway
Made this 21st day of March, 1985.
FLT.-LT. JERRY JOHN RAWLINGS Chairman of the Provisional National Defence Council
Date of Gazette notification : 21st June, 1985.