Understanding Copyright Law in Ghana: Protection, Eligibility, and Defences

Q1: What is Copyright?

A1: Copyright is a legal protection granted to the creators of original works. This protection allows authors, artists, and other creators to control the use of their works, ensuring they can reproduce, distribute, perform, display, or license their creations. Copyright helps to encourage creativity and innovation by providing creators with the incentive of exclusive rights to benefit financially from their work.

Q2: What works are eligible for copyright protection in Ghana?

A2: In Ghana, the following works are eligible for copyright protection:

• Literary works
• Artistic works
• Musical works
• Sound recordings
• Audio-visual works
• Choreographic works
• Derivative works
• Computer software or programs

Q3: What criteria must a work meet for copyright protection in Ghana?

A3: For a work to be eligible for copyright protection in Ghana, it must meet the following criteria:

1. Originality: The work must be original in character, meaning it must be the product of the independent effort of the author.

2. Fixation: The work must be fixed in any definite medium of expression.

3. Nationality or Publication: The work must either be:

• Created by a Ghanaian citizen or resident,
• First published in Ghana or published in Ghana within 30 days of its first publication outside the country, or
• Protected under an international treaty that Ghana is part of.

Q4: What is sampling and interpolation in music?

A4:

• Sampling: This involves taking a segment of an existing sound recording and incorporating it into a new song. The sample can be anything from a drum beat to a vocal riff. The owner of the master recording has the right to sue for unauthorized sampling.
• Interpolation: This process involves re-recording or recreating a specific part of an existing song, such as a melody, hook, or lyrics, and using it in a new track. Unlike sampling, interpolation does not use the original sound recording but reproduces the desired elements. The writer or composer has the right to sue for unauthorized interpolation.

Q5: What are the defences against copyright claims?

A5:

• Fair Use: This allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
• Substantial Similarity Test: This assesses whether the accused work is substantially similar to the original. If the similarities are not substantial, there may be no infringement.
• Originality: Copyright protection only applies to original works. If the defendant can demonstrate that the plaintiff’s work is not original, or that the defendant’s work was independently created without copying, this can serve as a defence.

Sources:

Copyright Act, 2005 (Act 690)

Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005)

Williams v. Gaye, 895 F.3d 1106 (9th Cir. 2018)