Intellectual property rights and copyright protection in Ghana

TABLE OF CONTENTS

Contents

ABSTRACT

DEDICATION

TABLE OF CONTENTS

LIST OF FIGURES

CHAPTER ONE
1.1 Introduction
1.2 Problem Statement
1.3 Research Objectives
1.4 Significant of the study
1.5 Scope of the Study
1.6 Limitations
1.7 Structure of the Study

CHAPTER TWO
LITERATURE REVIEW
2.1. Introduction
2.2. Conceptualizing Intellectual Property
2.3. The Case for Copyright
2.3.1. Copyright from the International Perspective
2.3.2. Major International Treaties on Copyright
2.3.3. Fundamental Provisions of the Universal Copyright Convention (UCC)
2.3.4. Basic Provisions of the Berne Convention
2.4. Other Copyright Related Conventions
2.5. Comparative Analysis of Selected National Copyright Legislations
2.6. The United States Copyright Law
2.6.1 An Overview
2.6.2 US Copyright Industry
2.6.2.1. Copyright in the US Industry
2.6.2.1.1 Value Added by the Copyright Industry
2.7.1 Introduction
2.7.2. Eligibility for protection
2.7.3 Copyright term
2.7.4. Authors and ownership
2.7.5 The UK Copyright Industries
2.8. Copyright Law of Federal Republic of Nigeria
2.8.1. Introduction
2.8.2. Historical Perspective
2.8.3. Works Eligible for Copyright
2.8.4 Conferment of Copyright
2.8.5 Nigerian Copyright Commission
2.9. The South African Copyright Law
2.9.1. Introduction
2.9.2. Eligibility for copyright
2.9.3. The author of a work
2.9.4. Copyright term
2.9.5. South African Copyright Industry
2.9.6. Contributions of the Copyright-Based Industries
2.9.7. Conclusion
2.10. Ghana’s Copyright Law
2.10.1. Introduction
2.10.2. Eligibility for Copyright
2.10.3. The Copyright Office
2.10.6. Conclusion

CHAPTER THREE
METHODOLOGY
3.1. Introduction
3.2. Research Context and Participants
3.3. Survey Instrument and Data Collection
3.4. Data Collection Procedure
3.5. Interview –Qualitative
3.6. Data Management
3.7. Ethical Considerations
3.8. Data Presentation

CHAPTER FOUR
RESULTS AND FINDINGS
4.1. Introduction
4.2. Results from the qualitative Interviews
4.3 Results from the Students interview
4.4. Findings

CHAPTER FIVE
CONCLUSIONS AND RECOMMENDATIONS
5.1. Conclusions
Recommendations

ABSTRACT

Intellectual Property Rights (IPRs) have assumed various roles in the knowledge-based economies by acting as incentives to invent and innovate. They have also become a tool for ensuring equitable and fair utilization of genetic resources. Given these roles, individuals and firms increasingly continue to seek protection for their intellectual property rights to increase their competitive advantage, protect their markets and to prevent competitors from taking undue advantage of their inventions/innovations.

This study aimed at assessing the potential of IPRs as a tradable commodity with emphasis on copyright, to improve Ghana’s economy through job creation, employment and wealth generation. Specifically, the study assessed the working knowledge of selected copyright holders on IPRs in Ghana, the level of compliance of the copyright law, the extent to which copyright protection and enforcement can inure to the benefit of copyright holders in Ghana and the willingness of copyright holders to promote the use of copyright institutions. It also determined the value of direct employment generated by copyright in Ghana. The study utilized both qualitative and quantitative sources of data. These were obtained through interviews with various key personnel of various institutions, organizations and government departments whose work and users relates directly to IPR and Copyrights regulations and policy in Ghana. Secondary data was similarly collected from these institutions. It was concluded that the level of copyright IP and awareness was not up to the level expected especially in enforcement of the copyright law. Even though it was established that there was some level of copyright awareness among Ghanaians, particularly students, infringements of the existing copyright laws were higher and compliance through enforcement of the copyright laws by the law enforcement agencies was urgently necessary. i

ACKNOWLEDGEMENT

This thesis would not have been achievable without the encouragement and the support of several individuals who in one way or another made significant contributions from the beginning to the end of this study.

I am heartily thankful to my lovely wife Dorothy Eyram Sosu Adams, for standing by me and giving me subtle encouragement throughout the period of writing this thesis. I must also thank my brothers Seidu Omar and Addah Weseh, and my very good friends Cyprian Ekor and Elvis Akpabli for their guidance and encouragement throughout the period of this work. I am very grateful. I must also thank my supervisor Ms. Christina Theophanides for her immense support and all the Lecturers working with her who have supported me in diverse ways. Finally, my gratitude goes to the entire staff of Cyprus Institute of Marketing, BVI (CIM) whose contributions have made this work possible

DEDICATION

This thesis is dedicated to my EIGHTY (80) year old mother Madam Batua Fatima Adama and the memory of my late father Ex/Sgt. Adama Atungarte Kupoe for inculcating in me the values of hard work and perseverance without which this work will not have been possible.

I dedicate same to my loveable new born daughter, Saida Wewora Adams (aka Angel) for bringing so much joy and happiness in my life.

APPREVIATIONS

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LIST OF TABLES

Table 1: Copyright Industries and Total US Employment (In Thousands) 2009 - 2013.

Table 2: Number of students Sampled for the study.

Table 3: How is Copyright enforced in Ghana.

Table 4: Efforts of Law makers/parliamentarians on IP and CR to ensure it works, using a scale of 1 to 4, where 1 means Very Poor and 4 means Very Good?.

Table 5: Efforts of Law makers, Police, Lawyers and others to make copyright works in Ghana works.

LIST OF FIGURES

Figure 1: Name of Educational Institutions.

Figure 2: Various Courses Offered By Students.

Figure 3: Student’s knowledge on what is IP.

Figure 4: Percentage of students who know what is copyright

Figure 5: Percentage of level of assessment of knowledge of Ghanaian on IP and CR….

Figure 6: Efforts of Right Holders and Implementers on IP and Copyrights to make sure it works

Figure 7: Acknowledging source of information student’s use in their academic work.

Figure 8: Percentage of students who do photocopy of people’s work as a student

Figure 9: Students paying money for using works of other writers for academic work.

Figure 10: Awareness of any guidelines covering copyright of books??.

Figure 11: Infringement on copyright laws.

CHAPTER ONE

General Introduction

1.1 Introduction

Intellectual property rights (IPRs) are property rights which subsist in something intangible. It thus represents a bundle of rights which offer protection for innovation and creativity in any field of human endeavor. Basically, the focus is on the expression of an idea for an invention, which details have been worked out and takes the form of a product or process that can be applied industrially. Various categories of IPRs exist which include patents, trade and service marks and copyright among others (Sikoyo et el, 2006). Given this, the growing concern is the subject matter of coverage which has to do with the range of rights that the holder enjoys and the protection offered under the various international protocols (Sikoyo et el, 2006).

An added impetus to this growing concern was the establishment of the World Trade Organisation (WTO) and the signing of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Indeed, these have brought the issue of the subject matter into both national and international perspective (Story, nd). The outcome of these discussions is that intellectual property has become not only as a source of conflict but has also become a source of power and wealth due, partly to its branding as a tradable commodity (Story, nd). It is worthy to indicate that, whilst many developed countries have and continue to rake several benefits from intellectual property, developing countries, including Ghana are yet to do so. The situation in Ghana can, in part be attributable to lack of clear cost benefit analysis

1.2 Problem Statement

Intellectual Property Rights have gained prominence in recent times because manufacturing and production of goods have given way to the production of knowledge-based activity and application of same in innovation. Indeed, they have assumed various roles not only by acting as incentive to invent and innovate but also as a tool for ensuring equitable and fair utilisation of genetic resources (Sikoyo et el, 2006).

Given the rapidity and impact of this new development, firms and individuals increasingly continue to seek protection for their intellectual property rights not only as a source of competitive advantage but also mechanism to protect their markets and bargaining chip to prevent them from being locked-out from using technology held by competitors (Sikoyo et el, 2006).

The fundamental issue raised by these developments is whether the use of the IPRs creates the basis for providing incentives to IP owners to apply the knowledge most appropriately for the benefit of society. This is an important policy question in this study. The study seeks to find out how IPRs, and in particular, copyright protection, can be a tool to enhance innovation in technology in order to create jobs, employment generation and generally improve the economy of Ghana (Sikoyo et el, 2006).

1.3 Research Objectives

This study therefore aims at assessing the potential of copyright as a tradable commodity to improve Ghana’s economy through job creation, employment and wealth generation.

The specific objectives this study seeks to achieve are:

1. Assess the working knowledge of selected copyright holders on intellectual property.
2. Assess the compliance and benefits of copyright protection and enforcement in Ghana.
3. Assess the willingness of copyright holders to promote the use of copyright institutions in Ghana

1.4 Significant of the study

From the forgoing, it is imperative that a developing country like Ghana defines and implement its IPRs policies in a way that will significantly benefit its economy. The economy of Ghana is highly depended on agricultural goods. The recent discovery of oil in commercial quantities has shifted attention on agriculture to the oil industry. Diversification of the economy will bring more foreign investment to the country through internal domestic innovation. It is believed effectively manipulating and adopting the country’s IPRs strategies and good policies can contribute to the economic indices of the country. These potential benefits of IPR have necessitated the study.

1.5 Scope of the Study

The study will be based on the assessment of trends in copyright protection, administration and enforcement by selected holders including Copy Ghana, Ghana Music Rights Organization (GHAMRO) and Audio-visual Rights Society of Ghana (ARSOG).The focus on copyright is mainly because it is the most commonly used type of IP protection in Ghana.

The study also looked and analysed the status of the law and policy both national and internationally with regard to copyright protection, the administrative and management institutions of copyright in Ghana and the challenges that they face in implementing laws for the protection of IP. Additionally, the study looks at the tax compliance, revenue generation and employment capabilities of the copyright industry.

1.6 Limitations

The research could not report on all the selected copyright holders. This is because some of them were not willing to take part in the study. Also audited accounts of the copyright institutions were not readily available for analysis on their tax obligations to the state. Another limitation was inability to include all the private Universities and Polytechnics that signed an agreement to pay yearly dues to Copy Ghana for their students photocopying materials for their academic use on campus. This was mainly due to cost. Although challenges were encountered, data collected was not limited in authenticity or quality because due process was followed to arrive at the findings and institutions selected represented the nature of IP and copyright societies within Ghana.

1.7 Structure of the Study

The thesis is organized in five chapters. The first chapter covers General Introduction which includes problem statement, objectives, significant, scope and limitations of the study. Chapter two is a review of related literature covering both theoretical and empirical aspects of the study.

The Methodology adopted covers chapter three. This included participants in the study, sampling procedure, survey instrument and data collection procedure. It also included methods of statistical analysis of data. Results and Discussion of findings are presented in Chapter four. The research concludes with a Conclusions and Recommendations in chapter five.

CHAPTER TWO

LITERATURE REVIEW

2.1. Introduction

The debate on IP has assumed increasing significance in the international community because of the emergence of new forms of technologies referred to as cross-cutting technologies and biotechnology. The introduction and use of these technologies have resulted in a rapid change in the application of knowledge as it affects basic human needs. Following this development it has been argued that property rights extended to these technologies will not only increase the costs of accessing these technologies and but ultimately widen the gap in technology between developed and developing countries (Sikoyo et el, 2006). It thus, calls for concerted efforts especially by developing countries to narrow the gap and also develop means by which to benefit from this dearth of wealth embedded in these technologies.

2.2. Conceptualizing Intellectual Property

Intellectual property rights are property rights inherent in something intangible which are aimed at protecting and rewarding innovations. They are concerned with the expression of an idea for an invention, the details of which have been worked out and takes the form of a product or process that can be applied industrially (Sikoyo et el, 2006).

Developments over the years have given rise to various intellectual property rights, albeit, with some controversies. These controversies have to do with the subject matter of coverage, the range of rights that the holder enjoys and the range of international protocols which give protection to these rights. In addition, they also relate to trade, competition, industrial growth and economic development (Sikoyo et el, 2006).

Essentially intellectual property rights perform two functions; create incentives for innovation and to help diffuse knowledge. Competition is seen in this regard as the medium which creates monopoly power leading to improved acquisition of knowledge. The appropriation of this knowledge through the IPR regime, it is argued is what acts as incentive to invent and innovate. Romer (1990) has argued that the trade-off between the incentive to innovate and monopoly power lies in the non-rival nature of knowledge, as an economic asset. But, Arrow (1962) says it is posited in the cheap transmission costs of information.

Globally, Article 7 of TRIPS provides the legal basis for IPRs to make it possible for innovative firms to appropriate the benefits of their innovation. However, there are other forms of appropriation available. Countries are therefore challenged to put in place appropriate policies which encourage innovation and knowledge dissemination without breeding an unhealthy monopoly that interferes with the diffusion of new knowledge and innovations (Sikoyo et el, 2006).

As indicated earlier IPRs exist in various forms and aimed at protecting different aspects of knowledge. The most prevalent forms of IPRs include patents, trademarks, copyrights, trade secrets (Sikoyo et el, 2006). Copyrights protect original works of authorship and usually protect the original expression of an idea. Copyrights last the duration of the life of the author plus an added 70 years in Ghana¹ although it is life plus 50 years in many jurisdictions (Sikoyo et el, 2006). Trademarks gives protection to brand names and symbols which are adopted and used by a firm to identify its products in the market. They are aimed at preventing consumers from being confused about the source/origin of the product. A patent on the other hand provides its owner a monopoly of limited duration (usually 20 years), for discovery and working on an invention and provide an incentive for disclosure. For an invention to be patentable it must be novel, must constitute a non-obvious improvement to previous inventions and must have an industrial application (Sikoyo et el, 2006). Trade secrets have to do with the protection of improper acquisition of confidential and business information which is generally not within the knowledge of the industry (Sikoyo et el, 2006).

The prominence of IP protection in recent times is due largely to the fact that it provides a means through which countries can develop industrially and technologically. As a result the focus is now on organized in-house research and development activities by firms as against individual research activities. This has led to a strong connection between IPR and trade, economic development and competition especially in respect of developing countries (Sikoyo et el, 2006).

Given these developments and in order to rake in the benefits there is the need for effective IPR system. This requires a clear legal and policy framework on the rights associated with IPs, a supportive infrastructure for the implementation of the laws and policies, which should include trained personnel and resources necessary to get the framework working. For development countries the challenge is even enormous (Sikoyo et el, 2006).

2.3. The Case for Copyright

The object of copyright is to protect creative individuals such as authors and artists from having their work copied or reproduced without their consent. The British case of LB (Plastics) Ltd. v.

Swish Products Ltd underscores the basic principle of copyright in the following words “one man must not appropriate the result of another’s labour”.

A work protected by copyright does not have to be registered with any government institution in order to gain legal protection. This is so because copyright is concerned with the copying of actual words or other physical material, as opposed to reproduction of ideas (Jantjies, 2007).

Contemporary copyright laws confer several types of rights to a range of methods of expression, including literature, drama, visual arts, music and computer programs. Ideas, on its own, cannot therefore be copyrighted neither can titles of works (Feist Publications, Inc. v. Rural Telephone Service Company) . The principle underlying this case underscores the fact that it is the particular form in which the idea is expressed that is protected by copyright law. To be eligible for protection, a creative work must be fixed in a tangible medium of expression and exhibit at least some originality (Feist Publications, supra ). Whitford J in LB (Plastics) Ltd (supra) put it in a better perspective when he said “no originality of thought is needed to sustain a claim to copyright. Under copyright ideas are not protected, only the skill and labour needed to give any given idea some particular material form, for it is the form in which the work is presented that is protected …”

In general, copyright protection is easier to secure and lasts substantially longer than patent protection, although copyright protection is usually less extensive than patent protection. In both the United States and Ghana copyright lasts for the life of the author plus 70 years. If there are two or more co-authors, it continues for 70 years beyond the last surviving coauthor’s death.

2.3.1. Copyright from the International Perspective

Copyright law is gaining prominence globally in recent times because of rapid developments in technology in the information space. This has made communications easier and also permits copying of copyrighted works cheaply and disseminated quickly, unimpeded by time, space, or national boundary. In view of this, copyright owners lose control over their works. The situation therefore called for an orderly and responsive international regime of copyright protection to address the situation (Leaffer, 1990).

2.3.2. Major International Treaties on Copyright

There are two principal international treaties which regulate copyright protection, although there are some complimentary treaties: the Berne Convention and the Universal Copyright Convention (UCC). These Conventions do not provide automatic global protection of an author's works supposedly under a supranational copyright law. Irrespective of what international agreement a country adopts, protection against infringement depends on its national laws. Although the conventions do not establish an international copyright regime, they provide simplified requirements for obtaining foreign copyright protection. These Conventions accomplished this goal by establishing convention rights which may be claimed in all member countries, regardless of any other national legislation (Leaffer, 1990).

2.3.3. Fundamental Provisions of the Universal Copyright Convention (UCC)

The UCC operates on the principle of "national treatment," which requires all member states to accord the same protection to foreign works eligible under the Convention as that granted its own nationals' works. Additionally, the Convention specifies certain minimum legal obligations for each contracting state.

There are six important elements of the Convention. The major one is under the national treatment principle which accords protection of the rights of authors and published works of nationals of a contracting state the same protection as that which the contracting state accords to works of its nationals. In addition, it ensures that the Berne principles are not undermined (Leaffer, 1990).

2.3.4. Basic Provisions of the Berne Convention

Similarly, the Berne Convention is based on the principle of national treatment and compliance with the requirement of the convention. The Convention protects published or unpublished works of an author who is a national of a member state. The protection extends to a work of a non-national of a member state provided the author first published the work in a member state, or may have done so simultaneously in a non-member and member states (Leaffer, 1990).

2.4. Other Copyright Related Conventions

Other complimentary treaties include the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, (Rome Convention). This convention provides international protection for record producers, as well as performers and broadcasters. Brussels Satellite Convention aimed at combating the misappropriation of satellite signals; Geneva Phonograms Convention which protects against unauthorised duplication of sound recordings; WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty aimed at bringing copyright protection into the digital age and the TRIPs Agreement which incorporates comprehensive enforcement of rights to deter piracy (Anon, nd).

2.5. Comparative Analysis of Selected National Copyright Legislations

Given the objectives of the study it has become imperative to examine some national copyright legislations and their implementation to assess the impact of copyright and its related industries on national economies in terms of its contribution to GDP, employment, export/import among others. Accordingly, national copyright legislations of four countries have been selected for assessment. These are the United States which provides a model for this study, United Kingdom, Federal Republic of Nigeria and the Republic of South Africa. The assessment focuses on the national copyright legislations, implementation of the entire copyright regimes and the benefits derived thereon thus, informed the basis for the assessment of Ghana’s copyright regime and its impact to the national economy.

2.6. The United States Copyright Law

2.6.1 An Overview

The US copyright law took its root with the enactment of the Copyright Act 1790. This Act granted authors the exclusive right to publish and sell maps, charts and books for a term of 14 years. This was renewable for one additional term, provided the author was alive at the end of the first term.

The Act had a number of limitations which included registration as a requirement for copyright protection. This resulted in the enactment of the Copyright Act of 1831 thus, extended the original term from 14 to 28 years with an option to renew and changed the requirement for formality (https://en.wikipedia.org/wiki/Copyright_law_of_the_United_States). Subsequently, the US Copyright law went through a number of reviews leading finally to the Copyright Act of 1976 which regulates the current copyright regime. Generally, the law gives the owner of copyright the exclusive right to make copies of his work, distribute copies to the public by sale or other means, perform publicly, including by means of digital audio transmission and authorize others to do same. It thus, enables creators to derive financial benefit of their work and offer protection against unauthorised commercialization (http://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline#.WloZWrxl_IU).

2.6.2 US Copyright Industry

The public interest debate regarding the benefit of copyright protection was given prominence in the US case of Fox Film v. Doyal where the US Supreme Court said that although, individual copyright owner derives the benefit of the work during the tenure of the copyright, the ultimate benefit is the public by virtue of carrying out the general policy framework in the use of the property (Hart, 2010).

The Supreme Court in Twentieth Century Music v. Aiken underscored this principle when it stated that creative work must be encourage and rewarded. However, the private motivation deriving from such works must ultimately serve the public interest by ensuring the availability of literature, music, and the other arts. Obviously, the incentive of the copyright law is to stimulate artistic creativity for the general public good (Hart, 2010). Undoubtedly, this principle underpins the development of the US copyright industry.

2.6.2.1. Copyright in the US Industry

It is estimated that over 3,200 companies in the US produce and distribute materials protected by copyright laws. They include computers, films, television programs, music, books, educational materials, journals, databases and software in all formats (Siwek, 2014).

The US copyright industry is divided into four groups: core, partial, non-dedicated, and interdependent. The core industries have reference to those industries whose primary object is to create, produce, distribute or exhibit copyright materials which include books, recorded music, radio and television broadcasting. The partial copyright is with reference to those industries whose products do not qualify wholly for copyright protection which products range from fabric to jewelry, furniture and games. The non-dedicated support industries include those that distribute copyright and non-copyright protected materials. While the interdependent industries are those which produce, manufacture, and sell equipment whose function is primarily to facilitate the creation, production, or use of works of copyrighted matter (Siwek, 2014)

The assessment of the US copyright industries is therefore posited on four key areas, namely:

- The copyright industries
- Value added by the copyright industries
- Employment in the copyright industries
- U.S. copyright materials in world markets (Siwek, 2014).

2.6.2.1.1 Value Added by the Copyright Industry

In 2013 the value added contributed to gross domestic product (GDP) by the core copyright industries was $1,126.59 billion as against an overall US total GDP of $16.799 trillion. This represented 6.71% share of nominal GDP. Over the same period, the value-added by the total copyright industries to GDP was $1.922 trillion representing 11.44% of the overall U.S. GDP (Siwek, 2014).

2.6.2.1.2 Employment in the Copyright Industry.

In 2009 the core copyright industries employed 5,126,300 workers representing 3.92% of the total U.S. workforce in the same year. This figure increased by 344,400 in 2013 making a total of 5,470,700 representing 4.03% of the total US workforce for the year (Siwek, 2014). As indicated in Table 1 the total copyright industries put together employed more than 10.7 million workers in 2009 and increased to more than 11.2 million in 2013 representing more than 8% share of total U.S. employment. Comparatively, the total U.S. employment during the period increased from 130.8 million in 2009 to 135.6 million in 2013 (Siwek, 2014).

Table 1: Copyright Industries and Total US Employment (In Thousands) 2009 - 2013

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Courtesy (Economists Incorporated, 2014).

2.6.2.1.3 Compensation per Employee (US Dollars) 2009 – 2013

For the period 2009-2013, compensation of employees within the core copyright sector increased significantly with average compensation earned by each employee as $87,859.69 in 2013 which was 34% higher than the average compensation paid to all U.S. employees same year i.e. $65,723.45 (Siwek, 2014).

2.6.2.1.4 US Copyright Materials in World Markets

US copyright products sold abroad may be manufactured in the U.S. or in foreign markets. In either case, the creative components of those products are protected under US laws.

Some of these core copyright products are recorded music, motion pictures, television and video, software publishing and non-software publications including newspapers, books and periodicals. Total foreign sales for these selected core copyright products were $146.99 billion in 2012, $154.76 billion in 2013, $164.35 billion in 2014, and $176.97 billion in 2015. The figures indicate that foreign sales and exports of these core copyright products remain significantly larger than the entirety of exports of other major industry sectors.

Comparative to other sectors, sales in foreign markets by the copyright industry exceeded the exports of most of the U.S. industries in 2015. For instance the copyright industries generated foreign sales of $177 billion as against the chemical industry’s record of $135.8 billion. On the other hand, agricultural products and pharmaceuticals recorded $62.9 billion and $58.3 billion respectively (Siwek, 2016).

2.6.3 Conclusion

Consistently, the copyright industries have contributed significantly to the U.S. economy as a whole. They have contributed significantly to GDP and employ millions of workers. The compensation paid to workers in the copyright industries substantially exceeds the average compensation level paid to U.S. workers in general. The copyright industry therefore continues to contribute substantially to the growth of the U.S. economy.

2.7 The United Kingdom Copyright Law

2.7.1 Introduction

The UK copyright law is governed by the Copyright, Designs and Patents Act 1988. The following works are protected under the law (s.1):

1. Original literary, dramatic, musical or artistic works;
2. Sound recordings, films, broadcasts; and
3. The typographical arrangement of published editions.

With the exception of works of music or dramatic, the Act defines literary works to include any works written, spoken or sung including computer programs and databases. However, copyright does not subsist until it is recorded either in writing or otherwise. For literary works and others, they are protected only to the extent that they are original. They should not have been slavishly copied, although there are exceptions, from another work and sufficient amount of skill and labour must have been expended by the author (https://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom). The case of R. Griggs Group Ltd & Ors v. Evans & Ors offers the legal proposition that for computer databases to qualify for protection, the author/creator must have exhibited an element of skill and labour in compiling them.

As a result of increasing legal integration and harmonization throughout the European Union, EU jurisprudence has influenced the legal landscape of the UK copyright law. For instance, the concept of originality is not defined under UK copyright law but has been explained variously.

However, the EU’s Court of Justice’s decision in Infopaq International A/S v. Danske Dogblades Forening implying that a harmonised concept of originality applies to all works has thrown the UK concept of originality in doubt. Given the decision of the UK to withdraw from the membership of the EU, whether or not EU jurisprudence would continue to have some influence on UK copyright law remains to be seen in the future (ibid, op cit).

2.7.2. Eligibility for protection

The law provides a number of factors for a work to qualify for copyright protection. The author must have qualified or the country in which the work was first published is a qualifying country. In the case of broadcasts, the place of transmission must have been qualified. In other words, a work is protected by UK copyright law only if it was made by a British author or a person who is a national of a country to which the 1988 Act applies. Alternatively the work must have been first published in the UK or a country to which the Act applies. In the case of broadcasts, it must have been made in the UK or sent from the UK or a country to which the Act applies (ibid, supra).

2.7.3 Copyright term

The term of protection depends on nature of the work and the rights concerned. For literary, dramatic, musical and artistic works protection is for 70 years from the death of the author or from the first publication of the protected work in the case of anonymous works. The Act also provides for specific rules on the term of protection for entrepreneurial works such as sound recordings and broadcasts, which are protected, as a general principle, for 50 years from creation (ibid, supra).

2.7.4. Authors and ownership

The Act distinguishes between copyright and moral rights. The owner of the copyright in a work has the exclusive rights including the copying of the work, issue copies out, rent them and make adaptations. On the other hand, the moral rights give the author the right to be identified as the author or director, the right to object to derogatory treatment of a work and the right to object to false attribution (ibid, supra). These rights persist on the death of the author, until the expiration of the copyright, to his/her estate.

The copyright owner also has a right to initiate legal proceedings including injunctions, damages and account of profits, against persons who infringe his copyright (ibid).

2.7.5 The UK Copyright Industries

According to the Department of Digital, Culture, Media and Sports (DCMS) the creative industries which encapsulate copyright industries are divided into nine groups including architecture, publishing, films and music. According to DCMS one in every six jobs in London is in the creative industry. This resulted into 2.6 million creative jobs in the UK in 2013 alone (O’Connel, 2014)

2.7.5.1. Contributions of the UK Creative Industries to the Economy

Generally, the creative industries accounted for 7.8% of gross value added in the UK in 2003, and grew by an average of six (6%) per cent annually between 1997 and 2003 (DCMS 2005). They also accounted for 4.7% of employment in 2000. Recent figures released by the Department of Digital, Culture, Media and Sports show a thriving economy to the extent that the industry is now worth almost £92bn (DCMS, 2017). The report indicates that the industries’ contribution to the UK’s economy has shot up from £85bn in 2015 and growing at twice the rate of the economy. The industry now constitutes more than five per cent of the economy’s gross value added. Much of the increase has been driven by the computer services sub-sector including video games and the wider digital industries (DCMS, 2017)

2.7.6. Conclusion

The UK creative industry including copyright is a thriving economic sector now worth almost £92bn rising above the 2015 growth by £7bn and still growing at twice the rate of the economy. Given that the industry now contributes more than five per cent of the UK gross value added the prospects of the industry in job creation and employment is phenomenal.

2.8. Copyright Law of Federal Republic of Nigeria

2.8.1. Introduction

Notwithstanding the general principle underlying the Berne Convention that a work once created, is protected automatically and its exercise and enjoyment not subject to any form of formalities, certain countries including Nigeria practice some form of registration system for copyright to exists, although, it is not a prerequisite for the conferment of copyright (Ola, 2014).

Nigeria like the US provides a system of registration known as the ‘notification scheme’. It is not a mandatory registration scheme but rather a platform to enable authors give notice of the existence of their work in which copyright subsists. However, unlike the recordation system in the United States, failure by a copyright owner to notify the Nigerian Copyright Commission on the existence of a work does not affect the right of a copyright owner to commence any action for enforcement in relation to infringement of rights (Ola, 2014).

2.8.2. Historical Perspective

Nigeria’s copyright law traces its history from the United Kingdom because of its colonial past, principally under the English Copyright Act of 1911. The first indigenous copyright law was enacted in 1970 – i.e. Copyright Decree of 1970 which repealed the English Copyright Act of 1911 (Ali, nd).

Subsequent developments in the local music industry with the emergence of a host of local artists generated so much interest in the entertainment industry and thus provided the platform for the accelerated development of the copyright industry (Ola, 2014) However, the industry was challenged with piracy as stakeholders, especially the right holders were concerned about the protection of their works. The same effects were felt in the publishing industry. Following agitations by players within the industry reforms were introduced culminating in the enactment of the 1988 Copyright Act (Ola, 2014).

In 2004, the Act was re-codified and renamed as Copyright Act, Chapter 28, Laws of the Federation of Nigeria, 2004.

2.8.3. Works Eligible for Copyright

The Act protects copyrighted works such as literary, musical, artistic, cinematograph films, sound recording and broadcast. It also protects performer’s right and expression of folklore. The nature of rights reserved for each class of rights is similar with little variation. However, by virtue of Section 6 of the Act, the owner of copyright in a literary or musical work has the exclusive right to reproduce the work, publish and perform in public, make any recording in respect of the work and authorize any person to do same. The owner also has the right to distribute the work to the public for commercial purposes, broadcast or communicate the work to the public by making any adaptations of the work among others (Ezeilo, 2013).

Copyright is infringed by any person who, without the license or authorisation of the copyright owner, does or causes any other person to do an act, contrary to the provisions of section 15 (1)(a) of the Act (Ezeilo, 2013). The right to reproduce a literary work is reserved for the owner of the work and must comply with section 6(2).In this regard, reproduction of the whole or substantial part of a work without license or authority is an infringement of the right of the owner (Ezeilo, 2013).

What is whole or substantial is not defined. However, the statement made by Lord Reid in the English case of Ladbroke (Football) Ltd. v. William Hill (Football) Ltd., that “the question whether the defendant had copied a substantial part of a work depends much more on the quality than the quantity of what he has taken” offers a much more guide to the determination of the issue. It suffices therefore to say that each case would be determined on its own facts (Ezeilo, 2013).

2.8.4 Conferment of Copyright

Like UK law, a work is protected by Nigerian copyright law only if it was made by a Nigerian author or a person who is a national of a country to which the Act applies. Alternatively the work is made by a person who on the date of the first publication of the work, was a citizen of a country or domiciled in a country to which Nigeria is a party to an obligation in a treaty or where it was first published in either of the following organizations, the United Nations or any of its specialised agencies, the African Union or the Economic Communities of West African States (s.5) (Ola, 2014).

2.8.5 Nigerian Copyright Commission

The Nigerian Copyright Commission is a body responsible for all matters affecting copyright including enforcement. The Commission also has powers to grant compulsory licenses, approval of organisations which desire to operate as collecting societies and power to make regulations among others (Ola, 2014).

In addition to these, the Act empowers the Commission to monitor and supervise international conventions to which Nigeria is signatory. It is also empowered to advise, enlighten and inform the public on matters relating to copyright and maintain an effective databank on authors and their works among others (Ola, 2014).

2.8.6 Nigeria’s Creative Industry and Contribution to the Economy

Nigeria’s creative industry² has been described to include visual arts, performing arts, film, music and publishing. The thriving film industry popularly known as Nollywood, is widely acknowledged. The industry directly employs 300,000 people, the second largest employer of labour after agriculture. According to WIPO Report (2014), Nollywood generates US$800 million annually in revenue representing 2% of Nigeria’s GDP. It is also the third largest movie industry in the world, with a production turnover of 40 films per week (Offiah, 2017)

In addition the music industry contributes substantially to the economy. According to Ernst & Young (2015) the industry produces 550 albums every year with sales rising to US$1 billion in 2016. Live performances also contribute an excess of US$100 million annually (Offiah, 2017)

Although, the fashion industry is challenged in infrastructure and distribution, it is acknowledged and recognised worldwide. It thus, has the potential for creating a thriving industry for job creation, employment and revenue generation in support of the economy (Offiah, 2017).

2.8.7 Conclusion

Nigeria’s creative industries including copyrights have made significant contributions to job creation and revenue generation. The film industry is the third largest in the world whilst the fashion industry is influencing design creations in Europe and the Americas. The music industry is not exception as Nigerian music is listened to worldwide and continues to attract global

attention. All these are testimonies to the fact that copyright has made substantial contributions to the Nigerian economy, albeit, modestly.

2.9. The South African Copyright Law

2.9.1. Introduction

The copyright law of South Africa is embodied in the Copyright Act, 1978 administered by the Companies and Intellectual Property Commission under the Department of Trade and Industry. The law provides for the right to control the use and distribution of artistic and creative works, in South Africa (https://en.wikipedia.org/wiki/Copyright_law_of_South_Africa) The Act has been amended severally to address changing circumstances, most notable among them were in 1992 to make computer programs a distinct class of protected work, and in 1997 to bring it in line with the TRIPS Agreement (ibid)

2.9.2. Eligibility for copyright

The classes of works that are eligible for copyright protection under section 21 of the Act includes literary, musical and artistic works including paintings, films; sound recordings; broadcast and computer programmes in any medium (ibid, supra).

There is no requirement of registration for work to be eligible for copyright except that the author of the work must be a South African citizen or a citizen of a country that is a member of the Berne Convention (sections 3(1). In addition the work must be original and must have been reduced to a material form (section 2(1)). The case of Northern Office Micro Computers v Rosenstein reemphasises the principle that there is no copyright in ideas but only in the form in which they are presented. What constitute work however, depends on the facts. In both cases of Payen Components SA Ltd v Bovic and Kalamazoo Division (Pty) Ltd v Gay spare parts catalogues and salary forms respectively, were held to be literary works (Alberts, nd).

On the other hand, originality has been described to mean that the author created the work through his own skill and effort. This test was determined in the case of Waylite Diary CC v. First National Bank Ltd when the Court refused the claimant copyright protection when it sought to claim ownership of literary/artistic work in a diary produced by the defendant (Alberts, nd). Again in Appleton v Harnischfeger Corporation, it was held that subsistence of copyright in a work does not require novelty or inventive thought. Notwithstanding, the court held the view that the work should not be slavishly copied and must demonstrate the application of the author’s own skill or labour (Levenstein&Tucker, 2005).

2.9.3. The author of a work

By the provisions of section 21(1)(a) the author of a work is the first owner of the copyright. However, there are some exceptions. When a literary or artistic work is made by an employee the employer is the owner of the copyright. For instance, for a newspaper, the employer will be the owner of the copyright in the work, as long as it relates to the publication of the work in the newspaper. The author will, however, be the owner of the copyright in all other respects

(section 21(1)(b)). However, where an employee created the work in the terms of an employment contract, the employer will be the owner of the copyright (section 21(1)(d)) (Alberts, nd)

2.9.4. Copyright term

For literary, musical and artistic works, except for photographs, the copyright term is fifty years from the end of the year of the author's death, or fifty years from publication if it is first published after the author's death. For photographs, films and computer programs, the term is fifty years from first publication, or fifty years from creation if not published within fifty years. For sound recordings, broadcasts, programme-carrying signals and published editions, it is fifty years from first publication or transmission (s.3(2).

Anonymous works are protected for less than fifty years from first publication or fifty years from the year when it is reasonable to presume the death of the author (s.3(3). For works with multiple authors, the fifty years from death is calculated from the death of the last author (s.3(4). Government works are protected for fifty years from first publication (s.5(3) (Levenstein&Tucker, 2005).

2.9.5. South African Copyright Industry

Like the US which has the benefit of using the WIPO model guidelines for assessment, the South African copyright industry is segmented into four categories: core, interdependent, partial and non-dedicated copyrights.

The core copyright industry includes printing, publishing, film, television and software/databases while, the interdependent copyright industry has photographic and cinematographic instruments, television, radio and communication equipment, computers. The partial copyright includes apparel, textiles, crafts, with the non-dedicated industry made up of transport, storage among others (Pouris&Inglish-Lotz, 2011).

2.9.6. Contributions of the Copyright-Based Industries

According to World Intellectual Property Organisation (Report, 2011), the copyright-based industries in total contributed 4.11% of the total economy in 2008. Out of the figure the core copyright-based contributed 2.05% while the non-dedicated copyright-based was 1.29%. With regard to employment, 4.08% of the total workforce was employed in the copyright-based industries majority of which came from the core industry (2.31%) with 1.03% by the non-dedicated copyright-based industry. The interdependent copyright-based industries contributed immensely in exports to the economy by 2.77% (Pouris&Inglish-Lotz, 2011).

2.9.7. Conclusion

The copyright-based industries contributes significantly to the total value-added, employment and trade. It is responsible for almost 4.11% of the total economy in terms of value added. With regard to employment, 4.08% of the workforce is employed in the copyright-based industries, the majority of which is employed in the core and non-dedicated copyright-based industries i.e. 2.31% and 1.03% respectively. On the other hand the interdependent copyright-based industries show a high contribution in the exports sector of the economy by 2.77% with 7.85% contribution to imports.

Although, it has been argued that the 4.11% contribution to total GDP by the copyright-based industries is lower comparable to other jurisdictions, it thus provide a strong basis to generate employment and rake in more revenue for the state.

2.10. Ghana’s Copyright Law

2.10.1. Introduction

Like many other colonial countries Ghana’s copyright regime derived its source from the British Copyright Act of 1911 and has gone through many changes culminating finally to the current law – Copyright Act, 2005 (Adusei et el, 2010).

Act 690 seeks to align with Ghana’s international obligations to the World Trade Organisation’s TRIPs Agreement. It introduces globally acceptable best practices and incorporates universal copyright standards. It also provides protection to works such as computer programmes and folklore that were hitherto, not expressly protected. The general term of protection of life plus 50 years after the death of the author was extended to life plus 70 years after death. In the case of anonymous works, economic rights in them are protected for 70 years from the date on which they were made public or published. Where a corporate body is vested with the copyright, protection is for 70 years. On the other hand, the state is vested with the copyright in folklore and the term of protection is perpetual. Thus, the terms of protection for works in Ghana generally exceed the standard duration of protection under the TRIPs Agreement (Adusei et el, 2010).

2.10.2. Eligibility for Copyright

Works that are eligible for copyright includes literary, artistic and musical works, sound recording, audio-visual work and computer software (s.1) and Folklore (s.4) (https://en.wikipedia.org/wiki/Copyright_Act_of_Ghana). For a work to be eligible for copyright protection it must be original – i.e. the work must be the independent creation of the author.

The Act recognises two main types of rights of authors - economic and moral rights (ss.5 & 6). The economic rights deal among others with reproduction and transformation rights, public performance, broadcasting and communication of the work to the public. The moral rights are the right to be named as the author of the work and the right to seek relief where the author's work has been used without his permission (ibid).

The enforcement provisions under the Act increases penalties for copyright infringement to the civil remedies provided thereunder. In addition to the range of civil remedies available, the law imposes criminal liability to a fine or imprisonment up to three years or both on any one found culpable of infringement (Adusei et el, 2010).

The Act under ss 19 to 21 provide some exceptions with regard to permitted uses (fair use in other jurisdictions) for personal and teaching purposes, reproduction of single copy of a computer programme as a back-up and permitted use of copyright material by a library. The restrictions provided under s 19 apply to literary and artistic works which includes textbooks and learning materials used in the educational institutions. However there is no measure of what constitutes permitted use to determine an infringement of the provision (Adusei et el, 2010).

The universities and other tertiary institutions in Ghana continuously infringe on the copyright regime by way of photocopying copyrighted works without license or permission. CopyGhana, a collecting society for authors has made several attempts to charge a universal fee per student under a blanket royalty scheme but this has been resisted by both students and authorities of these tertiary institutions (Adusei et el, 2010). This is an unhealthy situation which threatens to deprive copyright owners of their livelihood in royalties. Whether the situation will continue is subject to the interpretation of Ghana’s Supreme Court in the foreseeable future. The Canadian case of CCH Canadian Ltd v. Law Society of Upper Canada certainly provides a guide for these tertiary institutions to put their acts together before they are taken unaware. In that case the jurisdiction of the Supreme Court of Canada was invoked to decide on whether copyright was infringed when a single copy of a statute/book was copied for research purposes (Adusei et el, ibid). Although, the Court held that copyright has not been infringed, the opinion of the Court was largely influenced by the access policy of the defendant which provided a disclaimer against liabilities of infringement by third parties (Adusei et el, ibid)

2.10.3. The Copyright Office

The Act establishes a Copyright Office which performs the following statutory functions among others in line with section 66 of the Copyright Act;

1. implements copyright and copyright related laws and regulations and provide for copyright administration.
2. investigates and redresses cases of infringement of copyright and settle disputes where such disputes have not been reserved for settlement by the copyright tribunal.
3. responsible for the administration of external copyright relations.
4. administers copyright of which the state is owner.
5. registers copyright works, productions, publications and associations.

The Office has responsibility to register copyright works, although registration is optional. As part of efforts to curb the menace of piracy there is an anti-piracy committee that tracks down alleged copyright violations and prosecutes same. Although, the Act (Act 690) envisages the setting up of a copyright monitoring team it is yet to be established. (Adusei et el, supra).

2.10.4 Ghana’s Copyright Industry

Ghana’s copyright industry has been described to include; Musician Union of Ghana (MUSIGA), Association of Phonogram Industry, Ghana Association of Record Manufacturers, Ghana Book Publishers Association, Reprographic Rights Association of Ghana (CopyGhana), and Film Video Producers Association of Ghana.

Notwithstanding the historical antecedents of the industry show that the statutory provisions then in place militated against the growth of the industry. The ultimate was division and rancor among itself. COSGA (Copyright Owners Society of Ghana) which was established under the law to oversee collection of royalties and carter for all rights holders was hijacked by the music industry to the exclusion of all others (Asamoah-Hassan & Bannerman, nd). This tension affected the development of the entire copyright industry until recently.

2.10.5 Contributions/Challenges of the Copyright Industry to Ghana’s Economy

Ghana’s copyright industry is lacking in terms of real GDP contribution to the economy. The industry is not only confronted with infrastructure development but also resource constraint and piracy. This is in addition to the fact that policy considerations have been geared towards imports of copyright materials partly due to non-availability of such materials locally and lack of commitment to provide resources in the long term for infrastructure development (Asmah, 1998). Statistics available to Ghana Association of Phonographic Industries (GAPI) in 2007 indicated that the average production and promotion cost of a 12 track music album in Ghana cost not less than GH30.000.00 Ghana Cedis. Given the rate of inflation and the depreciation of the cedi over the years one can imagine the current cost of production and distribution. The lack of support from government and the seemingly lack of interest on the part of the private sector is seriously affecting the growth and development of the music industry (Dowouna, 2007).

It has been argued that African countries including Ghana import between 80-90% educational materials, notably books and that the situation is likely to continue for a while and thus likely to affect Ghana’s copyright industry for a long time to come (Asmah, 1998). The problem is exacerbated by the fact that, there is virtually no secondary literature on the copyright law of Ghana and no literature at all on the impact of copyright law on access to learning materials because of lack of interest on the part of academia to write about IP in Ghana. Another challenge to Ghana’s copyright industry is the photocopying of books which has become a common phenomenon in almost all tertiary institutions. The extent of such copying is so much alarming that it can sometimes be the entire book. It has been argued that the magnitude of the copying, clearly go beyond the scope of permitted use under Sections 19 and 21 of Act 690 (Adusei et el, supra).

Although the scope of permitted uses under the law remains a grey area as its restrictions have not been interpreted either in policy or in case law due to the fact practitioners within the industry have not been forthcoming. Another major challenge in the industry is lack of a regime of strict enforcement to assure rights-holders of the protection of their works including piracy (Adusei et el, 2010).

A report in 2009 showed that piracy increased significantly with Accra and Kumasi recording 25% and the trend is reported to be increasing since. Further, the number of CDs and cassettes sold annually decreased from 50 million to 30 million due to the illegal use of musical works³. The literary industry has also been pirated across the borders. This problem has been compounded with advancement in technology which makes it easier for copyrighted works to be copied and pirated unimpeded by time, space and boundary (Asmah, 1998).

Given these challenges and the lack of infrastructure development the contribution of the copyright industry is neither properly assessed nor impacted significantly on the national economy.

2.10.6. Conclusion

In Ghana the rewarding system is not as developed as elsewhere and as a result copyright owners do not derive much benefit out of their creative efforts. One hears of huge sums being paid to rights holders in the developed world. This does not happen in Ghana although, it is the intention of the law is to right this wrong.

The fundamental issue is that users already have access to these works for almost nothing through piracy. This is a disincentive to copyright owners. And once their works are not protected, they will not be motivated to create more works. There is also the need to adopt the appropriate policy framework to attract academics not only to write on IP but also assess the impact of copyright in Ghana. Furthermore, there is the need for a clear cut policy on the infringing activities of photocopying books at the tertiary institutions to bring it in tune with Sections 19 and 21 of Act 690.

Generally the enforcement mechanisms under the Act would have to be activated vigorously like elsewhere to deter the activities of pirates from racking in what obviously do not belong to them. This is the only way Ghana can attract investments in the copyright industry with the rippling effect of job creation, employment, revenue mobilization for the state in the form of taxes and contribution to the general economic well-being of the citizenry.

CHAPTER THREE

METHODOLOGY

3.1. Introduction

The study utilised both qualitative and quantitative sources of data to explore the level of Intellectual Property (IP) and copyrights protection and enforcement in Ghana. Various key personnel from various institutions, organizations and government departments whose work and users relates directly to Intellectual Property Rights (IPR) and Copyrights regulations and policy in Ghana were contacted and interviewed.

3.2. Research Context and Participants

The study was carried out by identifying executives representing various societies of copyright holders in part, (29) students from Accra Polytechnic and (30) students from Kumasi Polytechnic both Government institution and (31) students from Central University a private university. The executives of copyright societies called Collective Management Organizations (CMO) were purposively sampled to be participants in the study since the institution is the only body mandated to represent the rights holders by law. The universities and the polytechnics were also selected to be part of the study because they signed a Memorandum of Understanding (MOU) with Copy Ghana to pay for the photocopies they make on campus as part of their academic work. In effect, the participants were drawn from the users and mangers of the various IP and copyrights societies in Ghana.

A nonprobability sample method was used. Three (3) copyright societies were identified representing right holders of various IPs and one government institution-Copyrights Office working under the Ministry of Justice and Attorney General. They (CMOs) are; Ghana Music Right Organisation (GHAMRO), Copy Ghana and Audio-visual Rights Society of Ghana (ARSOG). For the educational institutions, they were also chosen purposively based on proximity, convenient and the fact that, they had agreed with Copy Ghana to be paying photocopy dues to Copy Ghana. The student participants were chosen using random sampling method. A number of students in a year group were identified and then selected randomly and interviewed.

The total sample size of 90 students’ was stratified into different groups based on characteristic or variables such as year groups and study programme. Table 2 shows the distribution of categories of students sampled for the study and their corresponding percentage of representation:

Table 2: Number of students Sampled for the study

Abbildung in dieser Leseprobe nicht enthalten

Source: Survey 2017

3.3. Survey Instrument and Data Collection

Structured and semi-structured questionnaires were used to interview CMOs (copyright societies) and students in the Private Universities and Polytechnics. The interviewer guide (qualitative instrument) was used to collect information on working knowledge of administrators of CMOs on IP and copyright issues in Ghana, and to determine their willingness to promote the use of copyright institutions in protecting/enforcing IP and copyright especially among institutions that uses or copy peoples work during academic works and employment generation through copyright.

The other phase of the study involved a survey of students from various universities and technical universities on their awareness of IP, copyright protection/enforcement and infringements of copyrights in Ghana.

3.4. Data Collection Procedure

Survey -quantitative – During the data collection, questionnaire was prioritized for students. Each student sampled for the study was individually approached and seek consent from him or her to administer the questionnaire to. After seeking consent, the objective of the study was explained before proceeding to ask the questions. Questions bothered on IP, Copyrights, knowledge, awareness and copyright employment generation, copyright protection and copyright law enforcement and infringement. The data collection was done by interview with the students after school session each day through the use of a mobile tablet where the questionnaire was scripted. The data was synchronized each evening after interview to a central server using software called ROMITY

3.5. Interview –Qualitative

Data was also collected from the administrators of the various CMOs using interview guides. Prior visits and telephone calls were made to the various offices of these societies to book appointment with the administrators. The sample representatives of three (3) societies were booked for the interview. These were; Ghana Music Right Organization (GHAMRO), Copy Ghana Office and Audio-visual Rights Society of Ghana (ARSOG). However, the GHAMRO office could not grant an interview due to non-availability of their administrator. All possible attempts to rearrange the interview proved futile. The interview with the administrators was done through voice recording. The voices after recording were transcribed for analysis.

3.6. Data Management

The study was both explorative-quantitative and quantitative-descriptive in nature. It seeks to test the knowledge and awareness as well as how IP and Copyrights are being protected and how infringements on the laws are dealt with in Ghana. Data contained identifies (personal details of respondents) in addition to other demographic details. The data type is categorical (from pre-coded responses), numerical (figures from employment generated through copyright and how much money copyrights is generating to Ghana’s economy. Text statements were also obtained from respondents.

3.7. Ethical Considerations

A disclosure risk management mechanism was put in place to prevent exposing the data and its contents during and after the data collection. The data was processed and managed in a secure non-networked environment. Respondent’s identities were not exposed and were coded. The questions were not only civil and ethical but also feasibly to answer. This ensured that questions

put to the respondents could not have been avoided. These included questions that assume the respondent know something about the subject as well as personal questions and objectionable statements that reflect the researcher’s bias and questions that require difficult calculations.

3.8. Data Presentation

Data is mainly presented in charts (comprising of tables and graphs) and quotes.

Simple tables were used to answer questions related to one characteristic of the data whereas complex tabulation was used to present several interrelated characteristics. The following points were kept in mind while constructing a table.

A. Clear and concise titles was given just above the frame of the table to make tables easily understandable
B. Each table was numbered to facilitate easy reference.
C. Both columns and rows of tables had short and clear captions.
D. The source of data indicated just below the body of the table.

Data was processed statistically for precise explanations. Statistical measures gave a single representative value for the whole data set. The commonly used measures of central tendency were arithmetic mean or average: regarding categorical data, (variables whose responses are in coded form) Frequencies (Counts) and Percentages (Proportions) were used to present the data.

CHAPTER FOUR

RESULTS AND FINDINGS

4.1. Introduction

This chapter consists of results of quantitative questionnaire and qualitative interviews used in the collection of data for the study. The results from the quantitative questionnaire and qualitative interviews were put together analytically as primary data. These data were analysed and interpreted accordingly, giving the study a scholarly dimension. In order to conveniently interpret the data, the results of the questionnaire are presented in tables and charts and were, where necessary, supported by the findings from the interviews.

The results from the qualitative and quantitative findings: In instances where the two results tend to address a common issue, one was presented to complement or support the other.

4.2. Results from the qualitative Interviews

It can be deduced from the responses obtained from the various IP and Copyright Societies representing the right holders, that they all have some knowledge about IP and Copyright. They narrated the history of their society’s formation and why they were formed. They also talked about the IP and Copyright protection and enforcement in Ghana.

4.2.1 What is the history of “Intellectual Property” and “Copyrights” law in Ghana

The interviews held with administrators of IP and Copyright societies gave account of the history of IP and Copyright in Ghana. According to them, the laws of Ghana consist of the 1992 Constitution, statutes enacted by Parliament, rules and regulations, the existing law and the common law, including rules of equity and customary law. The existing law comprises all the laws that existed before 7 January 1993 when the Constitution came into force. The common law and rules of equity are ‘received laws’ based on judicial decisions of the courts in England and other common law jurisdictions. The common law rules serve as persuasive precedents for adjudication in Ghana. It is, however, important to indicate that the validity of all the laws is traced to the Constitution. This means that any law, action or omission can be challenged in court if considered unconstitutional. Thus, important judicial decisions from the High Court, the Court of Appeal and the Supreme Court of Ghana partially shape the dynamics of the copyright regime in Ghana.

The historical development of Ghana’s copyright regime was traced to the English Copyright Act of 1911 from which came the Copyright Ordinance of 1914 (Cap. 126) with its enabling Regulation of 1918. Protection under the Ordinance focused on literary, dramatic, musical and artistic works with the term of protection being the life of the author plus fifty (50) years after death.

The copyright regime has since gone through several reforms expanding the scope of works for copyright protection and the term of protection to life of the author plus seventy (70) years after death under the current dispensation regulated by the Copyright Act, 2005 (Act 690).

4.2.2 How copyright is protected in Ghana

Copyright is protected through a legislation passed by Ghana’s Parliament. According to the respondents, the current substantive copyright legislation in Ghana is the Copyright Act 690 of 2005. It came into force on 17 May 2005. The Act seeks to bring Ghana’s copyright regime in line with its international obligations under the WTO TRIPs Agreement. According to them regulation 27 of the Copyright Regulation, 2010 (LI 1962) regulate the operations of the societies.

“In regulations 29, it tells you powers and rights of the societies. So it tells us that we are allowed to collect royalties and other monies to which each member is entitled to and it also says that the administrator should take measures that the society considers appropriate for the collection of royalties or any payments to which members of the society is entitled to. The regulation then said enforce the right of each member by entering into contracts and reviewing contracts in respect of works of its members. Then the last regulation said that either acting alone or with the appropriate institutions these works which infringe on the rights of its members, cause the arrest of persons who infringe on the rights of its members, institute legal action against persons who infringe the rights of its members so you can see how we are protected”.

Findings from the study showed that the moment an author creates a work that work is protected by copyright automatically. In Ghana, for a work to be eligible for copyright protection it must be original, in the sense of the work being the independent creation of the author. It grants them both economic ie the exclusive right to reproduce, sell etc for a limited period and moral rights which are perpetual. .

“law grants you the protection throughout the time the work is created, throughout your life. That is if you don’t sell it because Copyright is transferable, if you don’t assign it or license it. If it’s licensed then it will be subject to the terms of the license and then you can enjoy it from the time the work is created and after your death by our Ghana law, your successors entitled can also benefit from it for seventy years. Under our law, it is life, by life, that is, the time that the work is created, plus the life that you enjoy till you move on to the other plus seventy.

4.2.3 What are the direct and indirect benefits of copyright and its protection

The interviews revealed that there is direct and indirect benefit of copyright protection in Ghana. The right holders benefit directly if their work are protected from illegal photocopying and pirating because their original works are sold unimpeded to generate income.

Again, it is the view of respondents that copyright has the direct benefit of promoting exclusivity of copyright works and other subject matter and providing important incentives for innovation in terms of export works for foreign exchange, recognition and fame, access to public places by right holders and others.

In this light, some of them point out that, reforms proposed to copyright law should be viewed with caution. To them, the success of these reforms, looking at the current law, will depend on the expertise and responsiveness of judges to the economy as a whole and the policy considerations that lie behind the law. In the case of competition law, the expertise and responsiveness of decision-makers are crucial to achieving an optimal mix of innovation and competition objectives in the way the law actually operates.

4.2.4 Copyright protection lead to national employment generation and its contribution to Ghana’s economy

This is very relevant to Ghana in terms of Copyright protection and contribution to employment. From the study, it was realized that Ghana IP and copyright industries do not contribute any significant income to the GDP and employment.

The assumption that the share of IP and Copyrights in Ghana’s GDP has a significant bearing on employment is right and just. The higher contribution of the industry to GDP, the higher its contribution might be to employment. For the members of the copyright societies that were interviewed, they included producers and artists to their employment figures. For ARSOC they have 250 artists/authors and presenters in addition to 515 performers and 3 administrators as at 2015. For CopyGhna which is under the umbrella of Collective Management Organisation (CMO), the authors and publishers are over 3,000 in direct employment in addition to 4 administrators in their office.

On the part of the Copyright Administrator, she was of the view that, the industry’s contribution to employment and GDP is not significant. This is what she had to say;

“That is the general study which has been conducted in many countries including African countries but in Ghana we have not done a study to know the contribution, we are yet to. Maybe God willing 2018 we will launch a study into copyright the contribution of the copyright to the economy but these are the trend all over the world about, between three, four, five percent.”

She could not be specific on the contribution of the industry to Ghana’s economy. She said Copyright Ghana has about 26 public employees in Accra office and 5 in Kumasi.

The research could not retrieve any employment and other data from the GHAMRO society as they refused to grant an interview.

It must be noted that these employment figures from Ghana are not documented in any secondary work or in the books of the administrators. There are no proper documentation of employment figures in the IP and Copyrights industry in any literature to be found in Ghana due to the fragmentation or splinter groups in the copyrights industry. This eventually affects proper accounting and membership record keeping and the eventual contribution of the industry to the country’s GDP. The society does not have proper accounting system to show as to how much royalty are being collected and paid to members and how much tax they are paying the state.

4.2.5 Assessment of percieved knowledge level of people in Ghana regarding IP and Copyrights

In assessing the perceived knowledge of Ghanaian law makers, law implementers, the executives’ arm of government, the right holders and the implementers of the IP and copyright policy in Ghana, the Copyright Administrator said the law makers are aware of the IP and the Copyright. The administrator had this to say;

“the parliamentarian pass our laws for us, though parliament changes every now and then but because of the way laws are made you know if proposals or draft bills are sent to them they study it, and there is a lot of interactions and debates on it. They meet even the stakeholders to make sure that whatever has been put before them is what will be in the interest of the people because they represent the people but am not in the position to

say anything because I don’t have any empirical evidence that they have a good knowledge, but I think they have a fair knowledge that there is a copyright or intellectual property which must be respected.”

To her all stakeholders work in the interest of the state defending the right of all citizens. For example, the Copyright Office works closely with the Police. They helped in enforcing infringement to the law and arrest pirates. She said there is a plan for the law makers to rectify the conventions call the Malarkey Treaty;

“Certainly, we are going to rectify the Malarkey Treaty for instance which is the humanitarian copyright treaty for the Visually Impaired so that the Visually Impaired Persons can get access to published work. This treaty went to parliament and it has been approved so it is going to be ratified and when it is ratified, then we will put it in our law and take it from there. And I don’t think we will have any opposition.”

4.2.6 Awareness of Copyright Infringement

The various societies in the industry that were surveyed agreed that there is some level of awareness. However, the awareness is not strong enough as people still pirate other people’s work. The Administrator noticed that, there is a need to intensify public education on awareness. On the issue of public education and awareness creation, the Copyright Administrator said that her Office is not required to educate the public on the law; her Office is required to enforce it. The Ministry of Education and National Commission on Civic Education (NCCE), she said, must do public education in the electronic and print media. She added that, in the process of enforcing the law, the Office educates the public indirectly.

Based on the awareness creation, the Administrator said they normally embarked on an awareness creation with the law enforcement agencies, her staff also organise workshops for the public in the various regions to sensitise them in understanding what copyright is and need to respect the rights of the holders. They also organise workshop for the Police recruits in Accra and Koforidua to educate them on the copyright law. Awareness creation workshop on copyright had been organised for the visual artists teaching them their rights under the law and how they can exercise their rights. It was also said that, staff of the organisations also undergo in-house training on copyright laws. The administrator at the Copyright Office said they need to continue education of the public on copyright awareness. That Copy Ghana goes to the educational institutions to create awareness to students and lecturers on photocopy infringements as they carry out their academic work.

“Well they know but we haven’t done any study but basically I think for what went on since the establishment of the office in 1985 you know this awareness creation program has gone on so people know. They know about infringement they know it is an offence to copy someone’s work. You know those who engage in piracy in copying people’s work without any authorisation, Look at those sitting at lorry parks with computers know otherwise why they should run away when they see the police. If you are selling tomatoes and somebody is coming do you run away? They know but we also adopt various strategies like going on air to talk about copyright and we even go to the schools to talk to them about copyright. Sometimes her office organize awareness

programmes for different groups of people, beneficiaries, the general public, right holders and law enforcement agencies. According to the administrator they organize one for Customs and the Police.”

4.2.7 Are people complying with copyright laws

The Administrator of ARSOC said most public members are complying with the laws on copyright in Ghana. Responding to the issue of compliance, he said most of the public members using other people’s work for their benefits are complying with the copyright law. The right holders themselves also are complying by coming to the Administrator with their work and paying their dues or renewing their licenses

“Oh I think some people you see hmmm, most people are complying with the laws. Most of them for example if a new producer wants to assign his work to society, he or she will come to the society and discuss everything he needs to do in compliance with the copyright law, those things are get done before their works are accepted. So they are complying, yes people are complying.”

. However, the few that are not complying are being arrested by the law enforcement agencies and sent to court for prosecution said the Administrator of ARSOC. He had this to say;

“Yes we have taken some people to court.”

But as to whether these arrests are effective and people are being prosecuted is another area that needs to be looked at. There is also evidence that civil cases of infringements on copyrights are being sent to court by the lawyer of the association for redress.

4.2.8 What are being done to enforce the intellectual property and copyright laws and policies in Ghana

Although IP and copyrights are private rights and are enforceable by means of civil litigation, the prevalence of counterfeiting (which relates to trademark infringement) and piracy (that concerns copyright infringement) and the economic damage they cause has led to some criminal sanctions against offenders as said by ARSOC administrator. In order to avoid and minimize piracy, the new law, Act 690 envisages a body called the ‘copyright monitoring team’ to embark on the anti-piracy work. However, the Copyright Administrator stated that her Office is still doing the anti-piracy work. The Office’s anti-piracy activities have so far focused on the film and music industry, where copyright infringement is rampant. The Administrator said copyright society staff collaborates with the law enforcement agencies and representatives of GHAMRO the right holders to usually go out to undertake anti-piracy exercises to clamp down on pirates. Copyright Administrator had this to say;

“We collaborate with the law enforcers; we have the copyright monitoring team comprising of our staff, police officers and some representatives of GHAMRO the right holders so they go out to undertake the anti-piracy exercises. We work a lot with the stakeholders copyright organisations because copyright is basically a private right so we work hand in hand with them.”

The limited judicial cases in the Ghanaian courts have also helped to enforce the law on IP and Copyright. However, lack of judicial decisions on the subject of copyright must be step-up so people can see that the copyright laws are working and exist.

4.3 Results from the Students interview

4.3.1 Name of educational institutions and number of students interviewed

Figure 1: Name of Educational Institutions

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Source: Field interview 2017

Figure 1 shows the name of educational institutions and number of students that were interviewed during the study. The educational institutions were made up of one private university-Central University and two Government Polytechnics –Accra and Kumasi Polytechnics. They were sampled institutions that had signed MOU with Copy Ghana to be paying dues for students paying for photocopying on campus.

4.3.2 Various courses offered by the students who took part in the study

The specific course each of the students in the research sample is offering is very important to this study. It is a common knowledge in most of the tertiary educational institutions that text books on courses studied are limited for students to either buy or borrow. Students are therefore forced to be making photocopies from limited available materials they see around thereby infringing on the Copyright Act 690. Figure 2 below shows the various courses that students were offering.

Figure 2: Various Courses Offered By Students

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Source: Field interview 2017

4.3.1 Student’s Knowledge on Intellectual Property

In Fig 3, it is realised that out of 90 students interviewed, 54% of the students had knowledge on what Intellectual Property is while 46% of them said they do not have knowledge on it. This is confirmed in the qualitative interview with the administrators saying most Ghanaians know what IP is.

Figure 3: Student’s knowledge on what is IP

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Source: Field interview 2017

4.3.4 Response of selected students on their understanding of Intellectual Property

The understanding of what IP is by students is presented in Box 1 below. Many students had the understanding of IP as creation of some work from the mind of someone that is protected by law.

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Source: Field 2017

4.3.5 Students knowing what is Copyrights

All the sampled students interviewed revealed that they knew about copyright. Most of the students who knew about copyright were 78%. Whilst 22% said they do not know. This is shown in Fig 4.

Figure 4: Percentage of students who know what is copyright

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Source: Field 2017

4.3.6 How do you think Copyright is enforced?

Copyright enforcement is an act of implementing and upholding copyright policies and statute. This is important because when Students or Lecturers present other people’s work as their own, they fail to develop and use their critical thinking skills, which are necessary for learning. According to the students, what should be done to ensure the enforcement of copyright law is to do so through the law enforcement agencies and the schools. This response is multiple one in that student selected more than one response. Out of the 90 students, 89 of them identified the law enforcement agencies as enforcer of the law and only 5 said enforcement could be done through the schools. This is shown in Table 3.

Table 3: How is Copyright enforced in Ghana?

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Source: Field 2017

From the above table, copyright enforcement is not necessary in the educational institutions for reasons being that the existence of permitted use allows the use of copyrighted materials for educational purposes.

4.3.7 Level of assessment of students’ perception on Ghanaians knowledge on IP and Copyrights

Fig 5 shows the level of students’ assessment of Ghanaian knowledge on IP and Copyright. Sample of 6% of students interviewed said Ghanaians have high level of knowledge on IP and Copyright. While 89% of them said Ghanaian have low level of knowledge in IP and Copyright. This assessment is corroborated by the Administrators of the Copyright societies that some level of Ghanaians had knowledge on IP and Copyright.

Figure 5: Percentage of level of assessment of knowledge of Ghanaian on IP and CR

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Source: 2017

4.3.7 Efforts of the Law maker (Parliamentarian) on making IP and Copyrights work

Although, the Copyright Office said Law makers in Ghana deal with issues of copyright through rectification and enactment of copyright laws, students on the other hand a different view. 54% of the students rated as poor efforts being made by the Law makers to ensure that copyright works in Ghana whilst 18% rated it very poor. However, 27% rated them good as shown in Table 4.

Table 4:Efforts of Law makers/parliamentarians on IP and CR to ensure it works.

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Source: Field 2017

4.3.8 Efforts of Law makers, Police, Lawyers and others to make copyright works in Ghana works

According to the students interviewed, Law makers (Parliamentarian), the Police and others are making great efforts to make sure the laws on copyright work. In rating their efforts, 41% of them rated their efforts Poor, 34% rated their efforts Good and only 20% rated their efforts Very Good. From the findings, students do not appreciate efforts of the parliamentarian, Police and Lawyers in enforcing the copyright policies and laws in Ghana.

Table 5: Efforts of Law makers, Police, Lawyers and others to make copyright works in Ghana works

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Source: Field 2017

4.3.8 Efforts of the Right holders/Implementers to make copyright work in Ghana.

Findings from the interviews revealed that Right holders and other implementers of copyright are not doing much to ensure that copyright works in Ghana. Students rated their efforts 38% good, whilst 37% rated them poor with only 4% as very good. This is represented in Figure 6.

Figure 6: Efforts of Right Holders and Implementers on IP and Copyrights to make sure it work

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Source: Field 2017

4.3.9 Acknowledging source of information student’s use in their academic work

Figure 7 reveals that students acknowledge sources of information when doing academic works. The findings revealed that, 73% acknowledge their sources whilst 20% sometimes do acknowledge their sources. Only 2% do not acknowledge their sources.

Figure 7: Acknowledging source of information student’s use in their academic work

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Source: Field 2017

4.3.10 Do you do photocopy of people’s work as a student?

From the findings, majority of the students photocopy other people’s work. Figure 8 shows that 63% photocopy whilst 37% do not do photocopy. For those who do not engage in photocopying, the question is whether they buy original materials for their academic work. The research did not explore this angle of the student’s behaviour.

Figure 8: Percentage of students who do photocopy of people’s work

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Source: Field 2017

4.3.11 Paying money for using works of other writers for academic work

There is an MOU among some educational institutions in Ghana to pay some fees to the Copy Right Office to be distributed to right holders. This fee has been agreed upon by the institutions on behalf of the students. Students pay this fee each academic year as part of their academic user fees either knowingly or unknowingly. Responding to this statement 93% of 57 students answered no when the question was put, while only 4% said they pay. This is represented in Fig. 9

Figure 9: Students paying money for using works of other writers for academic work

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Source: Field 2017

4.3.12 Awareness of any guidelines covering copyright of books?

From Figure 10, 97% of the students are aware of the guidelines which cover copyright of materials. Only 3% said they are not aware. This might mean the educational institutions may not be having any guidelines concerning copyright of books.

Figure 10: Awareness of any guidelines covering copyright of books??

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Source: Field 2017

4.3.13 Infringement on copyright law

Figure 11 represent students who think people infringe on copyright law in Ghana. The interview revealed that 90% of the students think people infringe on copyright laws. A small percentage of 10% said they do not think people do so.

Fig 11: Infringement on copyright laws

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Source: Field 2017

4.3.14 Measures to be adopted in schools to prevent infringement on copyright

As students acknowledged that they infringe on copyright law, there should be some measures to prevent the infringement of same. Box 2 presents various measures to be adopted by the schools to prevent infringement on the copyright law.

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Source: Field 2017

4.3.15 How do people infringe on copyright law

Box 3 lists how people infringe on the copyright law.

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Source: Field 2017

4.4. Findings

4.4.1 Findings on Copyright Societies (CMOs)

The study established based on the findings that:

1. Copyright societies in Ghana have agreed that copyright protection is up to a level they expected.
2. Copyright societies are protecting the right of right holders of IP and Copyright in Ghana.
3. IP and Copyright awareness is also up to the level expected. The Police, Law Makers and Lawyers are all aware of IP and Copy Right issues.
4. ARSOC also agreed that infringement on copyright in Ghana is being pursued vigorously through apprehending the culprits and prosecuting them

4.4.2. Findings on Educational Institutions

The educational institutions seems to know what is IP and Copyright

1. They are also aware of copyright in Ghana
2. Students are aware of guidelines covering the use of copyright materials on campus
3. Students have knowledge on IP and Copyright. However their ratings of the Ghanaian knowledge is very low with that of the Police, Law Makers and Lawyers as poor
4. Some students engage in photocopying without paying royalties to owners of the books they photocopy
5. Students know they are infringing on copyright on campus
6. They also pay fee as part of academic user fees to the school termly for making photocopies of academic works
7. Students also acknowledge sources they get information from in their academic works

CHAPTER FIVE

CONCLUSIONS AND RECOMMENDATIONS

5.1. Conclusions

Even though it was established that there is some level of IP, copyright awareness and infringement among Ghanaians and Students, the study concludes that the level of copyright IP and awareness is not up to the level expected especially in enforcing the copyright law. One disclosure that calls for concern is the fact that copyright administrators, government and the right holders have to improve their performance in enforcing the law on IP and copyright.

Recommendations

It is recommended based on the findings and conclusion of the study that:

1. There is the need for a general awareness and strong knowledge on IP and copyright holders in Ghana
2. Ghanaians should be made to comply with the existing copyright laws through enforcement of the copyright laws by the law enforcement agencies
3. Efforts should be made to measure the contribution of IP and copyright to the national economy of Ghana at the national account level
4. Public notice should be made at vantage points in the country creating IP and copyright awareness
5. Policies should be made in all educational institutions to pay for payment of royalties to right holders for using their works for academic purpose.
6. Educational curricula should include courses on IP and copyright at the secondary and tertiary educational level.

References

Adusei, P., Anyimadu-Antwi, K and Halm, N. (2010). ‘Ghana in Access to Knowledge in Africa’ Available at: http://www.aca2k.org/attachments/281_ACA2K-2010-Ch3-Ghana.pdf 2 March 2018

Ali Y.O (nd) “The Nigerian Copyright Act and Crminal Liability” Available: http://www.yusufali.net/articles/THE_NIGERIAN_COPYRIGHT_ACT_AND_CRMINAL_LIABILITY.pdf 2 March 2018

Annual Report (2016). Department of Digital, Culture, Media &Sports. Available at :https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/538368/DCMS_Annual_Report_and_Accounts_2015-16__Print_Ready_Version_.pdf 30 March 2018

Arrow, K. J. (1962). “The Economic Implications of Learning by Doing”. The Review of Economic Studies Vol. 29, No. 3 (June, 1962), pp. 155-173 Published by Oxford University Press. Available at: http://www.jstor.org/stable/2295952 1 March 2018

Asamoah-Hassan, H. &Bannerman, V. (nd)‘COPYRIGHT IN GHANA’ Source: http://ir.knust.edu.gh/bitstream/123456789/1196/1/COPYRIGHT%20IN%20GHANA.pdf 16 March 2018

Asmah, J. (1998)”Recent Challenges to The Protection of Copyright in Literary Works: A Study of Ghana and Canada” A Dissertation Submitted in partial fulfillment of the requirements for the degree of Master of Laws, Dalhousie University Halifax, Nova Scotia. Available at: https://www.collectionscanada.gc.ca/obj/s4/f2/dsk1/tape9/PQDD_0015/MQ49306.pdf 12 March 2018

Press Release (2017). Department of Digital, Culture, Media and Sports. ‘Creative industries’ record contribution to UK economy’. Available at: https://www.gov.uk/government/news/creative-industries-record-contribution-to-uk-economy 30 March 2018

Dowuona, S. (2007) “The woes and hopes of the Ghanaian music industry” Ghanadot. Source: http://www.ghanadot.com/social_scene.feature.dowuonah.music.063007.html 3 January 2018

Siwek, S. E. (2016). “Copyright Industries in the US Economy’. The 2014 and 2015 Reports of International Intellectual Property Alliance, December 2016. Available at: www.iipawebsite.com/pdf/2016CpyrtRpt full. PDF 31 March 2018

Feist Publications, Inc. v. Rural Telephone Service Company, Inc.499 U.S. 340, (1991 Source: https://supreme.justia.com/cases/federal/us/499/340/ 12 March 2018

Fox Film Corporation v. Doyal 283 US 123, 127-28 (1932). Available at: https://supreme.justia.com/cases/federal/us/286/123/ 12 March 2018

Hart, T. (2010). ‘Copyright and the Constitution’. Available at: http://www.copyhype.com/2010/09/copyright-and-the-constitution/ 20 April 2018

Infopaq International A/S v. Danske Dogblades Forening Available ar: http://limegreenip.hoganlovells.com/article/32/copyrights-copyright-protection-united-kingdom 21 April 2018

Jantjies, A. (2007) “The Protection of authors intellectual property rights

under the contemporary Namibian legal framework” A Dissertation Submitted in Partial Fulfillment of the Requirements for degree of Bachelor of Laws (LL.B) of the University of Namibia. Available at: http://docplayer.net/31836146-The-protection-of-authors-intellectual-property-rights-under-the-contemporary-namibian-legal-framework.html 20 April 2018

LB (Plastics) Ltd. v. Swish Products Ltd [1979] RPC551 Source: http://swarb.co.uk/lb-plastics-ltd-v-swish-products-ltd-1979/ 6 March 2018

Leaffer, M. A. (1990). "International Copyright from an American Perspective" Maurer Faculty. Paper 665 Available at : http://www.repository.law.indiana.edu/facpub/665 30 March 2018

Levenstein, E. and Tucker, R. (2005) ‘South Africa: Introduction to the Law of Copyright’ Werkmans Incorporated. Available at: http://www.mondaq.com/southafrica/x/36570/Copyright/Introduction+To+The+Law+Of+Copyright 29 April 2018

O’Connell, A. (2014) ‘Copyright and the UK Economy’ July 28, 2014. Source: http://copyright-debate.co.uk/?p=842 28 February 2018

Offiah, C. A. J. (2017) “Globalization and the culture/creative industries: An assessment of Nigeria’s position in the global space” Journal of Humanities and Social Science, V 22, pp 11-23 Available at: http://www.iosrjournals.org/iosr-jhss/papers/Vol.%2022%20Issue1/Version-1/C2201011123.pdf 28 February 2018

Ola, K. (2014). “Evolution and future trends of copyright in Nigeria” in Journal of Open Access to Law V. 2 (No. 1) 2014. Available at: https://ojs.law.cornell.edu/index.php/joal/article/view/26/38 1 May 2018

Pouris, A. and Ingles-Lotz, R. (2011) “The Economic Contribution of Copyright-Based Industries in South Africa” A Report prepared by World Intellectual Property Organization in Cooperation with The Republic Of South Africa. Available at: https://www.thedti.gov.za/industrial_development/docs/Economic_Contribution.pdf 18 April 2018

R. Griggs Group Ltd & Ors v. Evans & Ors [2003] EWHC 2914. Source: http://www.5rb.com/case/griggs-group-ltd-others-v-evans-others/ 28 February 2018

Romer, P. M. (1990) “Are Nonconvexities Important for Understanding Growth?” Available at: https://paulromer.net/wp-content/uploads/2013/10/Are-Nonconvexities-Important-for-Understanding-Growth.pdf 30 April 2018

Sikoyo, G.M., Nyukuri, E. and Wakhungu J. W. (2006) “Intellectual Property Protection in Africa: Status of Laws, Research and Policy Analysis in Ghana, Kenya, Nigeria, South Africa and Uganda”. African Centre for Technology Studies (ACTS) Ecopolicy Series; No. 16. Acts Press, Kenya, Nairobi. Sourced at: ecopolicy16_1 on 13 January 2018

Story, A. (nd) “Study on Intellectual Property Rights, the Internet and copyright”

Sourced at: http://bat8.inria.fr/~lang/orphan/documents/ompi/copyright.pdf on 1 May 2018

Twentieth Century Music Corp. v. Aiken, 422 U.S. 151 (1975) Sourced at: https://supreme.justia.com/cases/federal/us/422/151/case.html on 1 mAY 2018

Appendix One

Quantitative Instrument

Submitted to:

The Cyprus Institute of Marketing, BVI (CIM)-2017

INTRODUCTION: Good morning / afternoon / evening. My name is Seidu Adams. I am a student of Cyprus Institute of Marketing currently working on my thesis, may I please ask you some few questions that will help me finalise my study? EXPLAINATION TO BE OFFERED TO RESPONDENT THAT HIS / HER IDENTITY WILL REMAIN CONFIDENTIAL

Abbildung in dieser Leseprobe nicht enthalten

SCREENING SECTION

S0. Select location of Interview.

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S1. Select name of School.

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S2. Are you a student of this institution?

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S3. Which year are you?

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S2. What programme are you studying?

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SECTION A: KNOWLEDGE ON IP AND CR

A1. Do you know what intellectual Property is?

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A1a. What is your understanding of Intellectual Property?

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A2a. What is your understanding copyright?

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If respondent selects No for A1 and A2 Terminate, otherwise continue

A3. How do you think Copyright is enforced? MA

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A4. To you, what is the level of your assessment of knowledge of Ghanaians including students on IP and CR?

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A5. Can you rate the efforts of law makers/parliamentarians on IP and CR to ensure it works, using a scale of 1 to 4, where 1 means Very Poor and 4 means Very Good?

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A6. Can you rate the efforts of the executive arms of government on IP and CR to ensure it works, using a scale of 1 to 4, where 1 means Very Poor and 4 means Very Good?

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A7. Can you rate the efforts of the law enforcement agencies-Police, Lawyers etc. on IP and CR to ensure it works, using a scale of 1 to 4, where 1 means Very Poor and 4 means Very Good?

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A8. Can you rate the efforts of Right Holders/Implementers on IP and CR to ensure it works, using a scale of 1 to 4, where 1 means Very Poor and 4 means Very Good?

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SECTION B: PLAGIARISM

B 9. Do you know what plagiarism is?

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B10. What is plagiarism?

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SECTION C: ACKNOWLEGDE PEOPLES WORK

C11. Do you use information from books, articles and websites in your academic work?

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C12. Do you know that you have to acknowledge the source of any information you use in your work, which has been obtained from another source such as books, articles and websites?

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C13. Do you therefore acknowledge sources of information you obtained from books, articles and websites when writing a research paper or any other academic assignment?

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SECTION D: Infringements/awareness on copyright

D14. Do you do photocopying of people’s work as a student?

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D15. Do you pay any money for using books of writers for your academic work e.g. A copyright fees?

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D16. Whom do you pay this money to?

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D17. Are you aware of any guidelines which cover copyright of books?

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D17a. If yes, what are they?

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D18. Do you think people infringe on copyright law?

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D19. If YES, how do people infringe on copyright law? MA

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D20. Do Copyright institutions visit your school to talk to you on copyright issues?

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D21. What are some of the things they spoke about?

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D22. What measures does the school adopt to prevent infringement of copyright in your school? MA

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SECTION E: Knowledge of employment generation by copyright in Ghana

E23. Are you aware of employment generation through copyright in Ghana?

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E24. If yes, how is employment generated through copyright in Ghana?

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Appendix Two

Qualitative Questionnaire

1. What is Intellectual Property?
2. What is Copyright
3. How is Copyright Protected?
4. How many persons are employed in this organization directly as employees?
5. How many authors or right holders are part of this society?
6. What is your assessment of the knowledge level of people in Ghana regarding IP and CR?
7. What is your assessment of the knowledge level of :
a. Law makers
b. Law implementers (Lawyers, Police etc.) in Ghana regarding IP and CR?
c. Executive arms of government
d. Right holders
e. Implementers of CR policy

8. Awareness of Copyright Infringement
9. Awareness of Copyright Protection
10. What is Copyright Awareness?
11. What are being done by your organization to create the awareness?
12. What are being done by your organization to protect intellectual Property and copyright in Ghana?
13. What are being done by your organization to enforce the intellectual property and copyright laws and policies in Ghana?
14. Why do you think users of copyright materials reproduce them?

Do people ever seek permission from you as a copyright society to reproduce a required volume of a literary material of any of your authors? – (Compliance question)

[...]

---

¹ Copyright Act, 2005 (Act 690)

² Creative Industry Awards, 2016. Sourced at http://www.pulse.ng/news/tech/creative-industry-awards-2016-season-begins-with-49-categories-id4282261.html

Frequently asked questions

What is the purpose of this document?

This document is a comprehensive language preview which includes the title, table of contents, objectives and key themes, chapter summaries, and key words. It originates from a publishing company and contains OCR data intended solely for academic use, analyzing themes in a structured and professional manner.

What is included in the Table of Contents?

The table of contents lists the chapters and sections within each chapter, including topics such as Introduction, Problem Statement, Research Objectives, Literature Review (covering intellectual property, copyright laws of various countries), Methodology, Results and Findings, and Conclusions and Recommendations.

What are the research objectives of the study?

The study aims to assess the potential of copyright as a tradable commodity to improve Ghana’s economy through job creation, employment, and wealth generation. Specific objectives include assessing the working knowledge of copyright holders on intellectual property, evaluating the compliance and benefits of copyright protection and enforcement in Ghana, and determining the willingness of copyright holders to promote the use of copyright institutions in Ghana.

What does the Literature Review cover?

The literature review conceptualizes intellectual property, discusses the case for copyright from an international perspective, examines major international treaties on copyright (UCC, Berne Convention), provides a comparative analysis of copyright legislations in the United States, United Kingdom, Nigeria, South Africa and Ghana, and assesses the copyright industry's contributions to those economies.

What methodology was used in the study?

The study utilizes both qualitative and quantitative data. Qualitative data was collected through interviews with key personnel of various institutions, organizations, and government departments related to IPR and Copyright regulations and policy in Ghana. Quantitative data was collected through surveys of students from selected universities and polytechnics. Nonprobability sampling methods were used.

What were the results and findings of the study?

The study found that the level of copyright IP and awareness in Ghana is not up to the level expected, especially in enforcing the copyright law. There's a need for improved enforcement, greater awareness among Ghanaians, and measurement of the copyright industry's contribution to the national economy.

What are some of the recommendations made in the study?

The study recommends increased awareness and strong knowledge of IP and copyright among Ghanaians, better enforcement of existing copyright laws, efforts to measure the economic contribution of IP and copyright, public notices to create awareness, policies to ensure royalties are paid for the use of copyrighted materials in educational institutions, and the inclusion of IP and copyright courses in educational curricula.

What are Intellectual Property Rights (IPRs) as they are defined in this document?

Intellectual Property Rights (IPRs) are property rights which subsist in something intangible. They represent a bundle of rights that offer protection for innovation and creativity in any field of human endeavor. The focus is on the expression of an idea for an invention that can be applied industrially.

What are the limitations of the study?

The research could not report on all selected copyright holders due to unwillingness to participate. Audited accounts of copyright institutions were not readily available. Inability to include all private Universities and Polytechnics that signed agreements to pay yearly dues.

What is CopyGhana?

CopyGhana is a collecting society for authors, whose mission is to defend copyright holders' rights.

Is the concept of Copyright defined in the document?

The object of copyright is to protect creative individuals such as authors and artists from having their work copied or reproduced without their consent.