Copyright Act, 2005 Act 690

COPYRIGHT ACT, 2005 (ACT 690)
ARRANGEMENT OF SECTIONS
Section
Copyright
1. Work eligible for copyright
2. Ideas, concepts excluded from copyright
3. Ghana Government and international body copyright
4. Folklore protected
5. Economic rights of authors
6. Moral rights of authors
7. Employed authors
8. Public benefit works
9. Transfer of copyright
10. Obligation of producers
11. Notice of protection of rights of producers
Duration of Copyright
12. Duration of copyright in works of individuals
13. Duration of copyright in works of bodies corporate
14. Duration of copyright in anonymous works
15. Duration of copyright in audio-visual works
16. Duration of copyright in sound recording
17. Duration of protection for expressions of folklore
18. Duration of moral rights
Permitted uses of Copyright
19. Permitted use of work protected by copyright
20. Reproduction and adaptation of computer programs
21. Permitted use of protected copyright work by library or archive
22. Permitted use of work or publication of portrait in public interest events
23. Ephemeral recordings
Copies of Sound Recordings, Mechanical Reproduction Rights of Composers
1

r publication of portrait in public interest events
23. Ephemeral recordings
Copies of Sound Recordings, Mechanical Reproduction Rights of Composers
1

24. Production of copies of sound recordings
Enforcement Provisions
25 Security device for sound and audio-visual recording
26. Importation of pre-recorded music and other copyright works
27. Levy on devices used for reproducing copyright materials
Protection of Performers and Broadcasting Organisations
28. Performer's rights
29. Duration of performer's right
30. Performers right to contract
31. Moral rights of a performer
32. Authorisation relating to broadcast
33. Broadcasting organisations
34. Programme carrying signals
35. Limitation on economic rights of performers and broadcasting organizations
36. Duration of rights of broadcasting organization
37. Public performance and use of copyright work
General Provisions
38. The public domain
39. Registration of works
40. Presumption of authorship
41. Infringement of copyright and related rights
42. Copyright and related rights offences
43. Penalty for copyright offence
44. Offences related to folklore
45. Offences by body of persons
46. Compensation to victim of offence and forfeiture
47. Civil remedies
48. Settlement of disputes
49. Collective administration societies
50. Copyright monitoring team
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victim of offence and forfeiture
47. Civil remedies
48. Settlement of disputes
49. Collective administration societies
50. Copyright monitoring team
2

51. Establishment of the Copyright Tribunal
52. Composition of the Tribunal
53. Functions of the Tribunal
54. Tenure of office of members of the Tribunal
55. Allowances of members
56. Proceedings of the Tribunal
57. Rules of procedure
58. Appeal
59. National Folklore Board
60. Tenure of members of the Board
61. Allowances for members
62. Meeting of the Board
63. Functions of the Board
64. Use of folklore
Administration, the Copyright Office and Miscellaneous Matters
65. Establishment of the Copyright Office
66. Object of the Copyright Office
67. Governing body
68. Copyright Administrator
69. Appointment of staff of the Copyright Office
70. Funds of the Copyright Office
71. Budget
72. Accounts and audit
73. Annual repot
74. Regulations
75. Minister’s power of delegation
76. Interpretation
77. Repeal and saving
78. Retroactive protection
THE SIX HUNDRED AND NINETIETH
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74. Regulations
75. Minister’s power of delegation
76. Interpretation
77. Repeal and saving
78. Retroactive protection
THE SIX HUNDRED AND NINETIETH
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ACT 690
REPUBLIC OF GHANA
ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
THE COPYRIGHT ACT, 2005
AN ACT to replace the Copyright Law, 1985 (P.N.D.C.L. 110); and bring the provisions on
copyright and the Copyright Office in conformity with the Constitution and to provide for
related purposes.
DATE OF ASSENT: 17th May, 2005.
ENACTED by the President and Parliament.
Copyright
Section 1—Work eligible for copyright
(1) An author, co-author or joint author of any of the following works is entitled to the copyright
and protection afforded to that work under this Act
(a) literary work,
(b) artistic work,
(c) musical work,
(d) sound recording,
(e) audio-visual work,
(f) choreographic work,
(g) derivative work, and
(h) computer software or programmes.
(2) Despite subsection (1), a work is not eligible for copyright unless
(a) it is original in character,
4

k, and
(h) computer software or programmes.
(2) Despite subsection (1), a work is not eligible for copyright unless
(a) it is original in character,
4

(b) it has been fixed in any definite medium of expression now known or later to be developed
with the result that the work can either directly or with the aid of any machine or device be
perceived, reproduced or otherwise communicated, and
(c) it is
(i) created by a citizen or a person who is ordinarily resident in the Republic,
(ii ) first published in the Republic and in the case of a work first published outside the Republic
is subsequently published in the Republic within thirty days of its publication outside the
Republic, or
(ii i) a work in respect of which the Republic has an obligation under an international treaty to
grant protection. (3) The eligibility of a work for copyright is not affected by its artistic quality, the purpose of
the author in creating it or by the manner or form of its expression. (4) For the purposes of this section a work is original if it is the product of the independent
effort of the author. Section 2—Ideas, concepts excluded from copyright
Copyright shall not extend to ideas, concepts, procedures, methods or other things of a similar
nature.

tion 2—Ideas, concepts excluded from copyright
Copyright shall not extend to ideas, concepts, procedures, methods or other things of a similar
nature.

Section 3—Ghana Government and international body copyright
The copyright of work shall vest in
(a) the President on behalf of and in trust for the people of the Republic; or
(b) an international body
if the work is made by or under the direction or control of the President on behalf of and in
trust for the people of the Republic or a specified international body. Section 4—Folklore protected
(1) An expression of folklore is protected under this Act against
(a) reproduction,
(b) communication to the public by performance, broadcasting, distribution by cable or other
means, and
(c) adaptation, translation and other transformation. (2) The rights of folklore are vested in the President on behalf of and in trust for the people of
the Republic. Section 5—Economic rights of authors
The author of any protected copyright work has the exclusive economic right in respect of the
work to do or authorise the doing of any of the following:
(a) the reproduction of the work in any manner or form,
5

economic right in respect of the
work to do or authorise the doing of any of the following:
(a) the reproduction of the work in any manner or form,
5

(b) the translation, adaptation, arrangement or any other transformation of the work,
(c) the public performance, broadcasting and communication of the work to the public,
(d) the distribution to the public of originals or copies of the work by way of first sales or other
first transfer of ownership, and
(e) the commercial rental to the public of originals or copies of the work. Section 6— Moral rights of authors
(1) In addition to the economic rights referred to in section 5, the author of protected copyright
work has the sole moral right
(a) to claim authorship of the work and in particular to demand that the name or pseudonym of
the author be mentioned when any of the acts referred to in section 5 are done in relation to the
work, and
(b) to object to and seek relief in connection with any distortion, mutilation or other
modification of the work where that act would be or is prejudicial to the reputation of the author
or where the work is discredited by the act.

other
modification of the work where that act would be or is prejudicial to the reputation of the author
or where the work is discredited by the act.

Section 7—Employed authors
In the absence of any contract to the contrary, the economic right of a work shall vest in an
employer or a person who commissions the work where the employed or commissioned author
has created the work in the course of the employment or commission. Section 8—Public benefit works
(1) The rights referred to in sections 5 and 6 of this Act shall not vest in any person in respect
of the following works,
(a) an enactment,
(b) a decision made by a court or tribunal established under any enactment for the
administration of justice in the Republic,
(c) a report made by a commission of enquiry appointed by the Government or any agency of
the Government and published by the Government, and
(d) except where news is disseminated by the private media, news, namely a report of fresh
events or current information made by the media, whether published in written form, by
broadcast, or communicated to the public by any other means. (2) The President is the trustee for the public of the works specified in subsection (1) other than
works authored by the private media under paragraph (d) of that subsection.

trustee for the public of the works specified in subsection (1) other than
works authored by the private media under paragraph (d) of that subsection.

Section 9—Transfer of copyright
(1) The owner of copyright may transfer the economic rights in section 5 to another person
either in whole or in part but the transfer whether in whole or in part shall not include the moral
rights referred to in section 6. 6

another person
either in whole or in part but the transfer whether in whole or in part shall not include the moral
rights referred to in section 6. 6

(2) A contract which requires the total transfer of the rights referred to in section 6 shall be
limited in scope to the use provided for in that contract. (3) Copyright may be transferred by assignment, testamentary disposition or operation of law. (4) An assignment of copyright shall be in writing and signed by the owner of the copyright or
by the person authorised by the owner of the copyright for the purpose. (5) A licence to do an act that falls within copyright may be oral, written or inferred from
conduct. (6) In the case of joint authorship of a work, an assignment or a licence for the work shall be
subject to the authorisation of the joint authors. (7) Where a work is of joint authorship and one of the joint authors withholds consent to an
assignment or the granting of a licence, the matter shall be referred to the Copyright
Administrator to determine whether or not consent should be granted in respect of the
assignment or licence and the conditions for the grant. (8) A person dissatisfied with the decision of the Copyright Administrator may apply to the
High Court for review.

e and the conditions for the grant. (8) A person dissatisfied with the decision of the Copyright Administrator may apply to the
High Court for review.

(9) An assignment, a licence or a testamentary disposition may be made or granted in respect
of an existing work or future work. Section 10—Obligation of producers
(1) The producer of a sound recording or audio visual work shall state on the label of the sound
recording or audio visual work or on its container
(a) the name of the author and those of the main performers,
(b) the title of the work,
(c) the year the original matrix was cut,
(d) the individual or corporate name or the distinguishing mark of the producer, and
(e) that the rights accruing to the producer under this Act are reserved. (2) Choirs, orchestras and composers shall be referred to by their proper names or by the name
of the leader for the purpose of paragraph (a) of subsection (1). (3) Copyright protection of a work shall not depend on the obligation of producers specified in
this section
Section 11—Notice of protection of rights of producers
(1) A notice shall be printed on copies of sound recordings or audio visual work made for
commercial purposes which shall include the year of first publication of the sound recording
or audio visual work.

dings or audio visual work made for
commercial purposes which shall include the year of first publication of the sound recording
or audio visual work.

(2) The notice shall be placed in a manner that gives reasonable notice of claim of protection
of the rights of the producer. 7

(2) The notice shall be placed in a manner that gives reasonable notice of claim of protection
of the rights of the producer. 7

(3) If the notice on the copies of the sound recording, audio visual work or their containers does
not identify the producer or licencee by name, description or trade mark, it shall indicate the
name of the person who owns the rights of the producer. (4) If the notice on the copies of the sound recording, audio visual work or their containers do
not identify the principal performers, it shall indicate the name of the person who owns the
rights of the performers. (5) Non-compliance with the provisions of this section by a producer does not deprive the
producer of copyright protection. (6) A person may use fixations or reproductions made in good faith before the commencement
of this Act if made in accordance with its provisions. Duration of Copyright
Section 12—Duration of copyright in individuals
(1) The rights of the author referred to in section 5 are protected during the life of the author
and seventy years after the death of the author unless the contrary is stated in this Act. (2) Where a work is jointly authored, the rights of the author referred to in section 5 are
protected during the life of the last surviving author and seventy years after the death of that
author.

ts of the author referred to in section 5 are
protected during the life of the last surviving author and seventy years after the death of that
author.

Section 13—Duration of copyright in bodies corporate
Where the copyright in a work is owned by a public corporation or other body corporate, the
term of protection shall be seventy years from the date on which the work was either made or
first published, whichever date is the later. Section 14—Duration of copyright in anonymous works
Where a work is published anonymously or under a pseudonym, the rights of the author referred
to in section 5 are protected until the expiration of seventy years from the date on which the
work was either made, first made available to the public, or first published, whichever date is
the later, but if the identity of the author is known or is no longer in doubt before the expiration
of that period, the rights of the author shall be protected during the life of the author and seventy
years after the death of the author.

expiration
of that period, the rights of the author shall be protected during the life of the author and seventy
years after the death of the author.

Section 15—Duration of copyright in audio-visual works
In the case of an audio-visual work, the rights of the author referred to in section 5 are protected
until the expiration of seventy years from the date of the making of the work, or where the work
is made available to the public during that period with the consent of the author, until the
expiration of seventy years from the date on which the work was either made, first made
available to the public, or first published, whichever date is the later. Section 16—Duration of copyright in sound recording
In the case of a sound recording, the rights of the author referred to in section 5 are protected
from the publication of the sound recording until the expiration of seventy years after the year
8

f the author referred to in section 5 are protected
from the publication of the sound recording until the expiration of seventy years after the year
8

of publication or, if the sound recording has not been published from the fixation of the sound
recording, until the expiration of seventy years after the year of fixation. Section 17—Duration of protection for expressions of folklore
The rights vested in the President on behalf of and in trust for the people of the Republic in
respect of folklore under section 4 exist in perpetuity. Section 18—Duration of moral rights
The moral rights of authors under section 6 exist in perpetuity and these rights shall be
enforceable by the author, during the lifetime of the author, and after the author's death, by the
author's successors whether or not the economic rights vested in the author under section 5 are
still vested in the author or the successor in title of the author.

essors whether or not the economic rights vested in the author under section 5 are
still vested in the author or the successor in title of the author.

Permitted uses of Copyright
Section 19— Permitted use of work protected by copyright
(1) The use of a literary or artistic work either in the original language or in translation shall
not be an infringement of the right of the author in that work and shall not require the consent
of the owner of the copyright where the use involves
(a) the reproduction, translation, adaptation, arrangement or other transformation of the work
for exclusive personal use of a person, if the user is an individual and the work has been made
public,
(b) subject to subsection (2) of this section, the inclusion with an indication of the source and
the name of the author of quotations from the work in another work, including quotations from
articles in newspapers or periodicals in the form of press summaries, if the work from which
the quotations are taken has been made public,
(c) subject to subsection (3)
(i) the utilisation of the work by way of illustration in publications, broadcasts of sound or
visual recordings for teaching, to the extent justified for the purposes, or
(ii) the communication for teaching purposes of the work, broadcast for use in educational
institutions, or
(iii) the utilisation of the work for professional training or public education;
if the work has been made public;
(d) in the case of
(i) an article published in one or more newspapers or periodicals on current economic, political
or religious topics, or
(ii) a broadcast on current economic, political or religious topics,
the reproduction of the article in a newspaper or periodical or the broadcast or other
communication to the public where a statement of the source is provided unless the article or
broadcast when first published or made was accompanied by an express condition prohibiting
its use without consent,
9

s provided unless the article or
broadcast when first published or made was accompanied by an express condition prohibiting
its use without consent,
9

(e) the reproduction or making available to the public by means of photographic works, audio
visual works or other means of communication of any work that can be seen or heard in the
course of the reporting of fresh events or new information, if
(i) the work is reproduced or made available for the purpose of reporting by a news medium of
fresh events or new information, and
(ii) the use of the work does not extend beyond that justified for the purpose of keeping the
public informed of current events,
(f) the reproduction of works of art or architecture in an audio-visual work for cinema or
television or in a broadcast by television and the communication to the public of any of those
works of art or architecture if those works are
(i) permanently located in a place where they can be viewed by the public, or
(ii) included in an audio-visual work for cinema or television only by way of background or as
incidental to essential matters represented,
(g) subject to subsection (4), the reproduction in the media or the communication to the public
of
(i) political speech delivered in public,
(ii) speech delivered in public during legal proceedings, or
(iii) lecture, address, sermon or other work of a similar nature delivered in public,
where the use by reproduction or communication to the public is exclusively for the purpose
of reporting fresh events or new information.

d in public,
where the use by reproduction or communication to the public is exclusively for the purpose
of reporting fresh events or new information.

(2) The permission under subsection (1)(a) shall not extend to reproduction
(a) of a work of architecture in the form of building or other construction;
(b) in the form of reprography of a whole or of a substantial part of a book or of musical work
in the form of notation;
(c) of the whole or of a substantial part of a database in digital form; and
(d) of a computer program, except as provided in section 16. (3) Paragraph (b) of subsection (1) does not apply in respect of any particular quotations unless
the quotations referred to in that paragraph are compatible with fair practice and the extent of
the quotations does not exceed what is justified for the purpose of the work in which the
quotations are used. (4) Paragraph (c) of subsection (1) does not apply in respect of any particular work unless the
use referred to in that paragraph is compatible with fair practice and the source of the work
used and the name of the author are indicated in the relevant publication, broadcast or
recording.

tible with fair practice and the source of the work
used and the name of the author are indicated in the relevant publication, broadcast or
recording.

(5) Paragraph (g) of subsection (1) does not apply unless the reproduction referred to in that
paragraph and the number of copies made in the reproduction are limited to what is required in
the particular circumstances. 10

on referred to in that
paragraph and the number of copies made in the reproduction are limited to what is required in
the particular circumstances. 10

(6) Despite the provisions of section 5(a) the temporary reproduction of a work is not an
infringement of copyright if the reproduction is made in order to make a digitally stored work
perceptible or in the process of a digital transmission
(a) by a person who or entity that is authorised for that purpose by
(i) the owner of the copyright; or
(ii) operation of law; and
(b) as an accessory that occurs during the normal operation of the equipment sued and which
is
(i) automatically deleted; and
(ii) incapable of being retrieved for any other purpose than those referred to in this subsection.

nt sued and which
is
(i) automatically deleted; and
(ii) incapable of being retrieved for any other purpose than those referred to in this subsection.

Section 20—Reproduction and adaptation of Computer programs
(1) The reproduction, in a single copy, or the adaptation of a computer program by the lawful
owner of a copy of that computer program is not an infringement of copyright if the
reproduction or adaptation is necessary for
(a) the use of the computer program with a computer for the purpose and extent for which the
computer program has been obtained; or
(b) archival purpose and for the replacement of the lawfully owned copy of the computer
program in the event that the said copy of the computer program is lost, destroyed or rendered
unusable. (2) A reproduction or an adaptation of a computer program shall not be used for any other
purpose than those specified in subsection (1) and a reproduction or adaptation shall be
destroyed when the continued possession of the reproduction or adaptation becomes unlawful. Section 21—Permitted use of protected copyright work by library and archive
(1) A library and archive with activities that are not for gain may, without the authorisation of
the author or other owner of copyright, make a single copy of the work by reprographic
reproduction.

re not for gain may, without the authorisation of
the author or other owner of copyright, make a single copy of the work by reprographic
reproduction.

(2) A reprographic reproduction under subsection (1) may be made when the work reproduced
is a published article, other short work or short extract of a work and where the purpose of the
reproduction is to satisfy the request of an individual. (3) The library or archive shall under subsection (1) ascertain that the copy is to be used solely
for the purpose of study, scholarship or private research. (4) The act of reproduction under subsection (1) shall be an isolated case which shall occur on
separate and unrelated occasions and shall occur where
(a) there is no collective licence available under which copies can be made, or
(b) the copy is made in order to preserve or replace a copy which has been lost, destroyed or
rendered unusable in the permanent collection of similar library or archive if it is impossible to
obtain the copy under reasonable conditions. 11

or
rendered unusable in the permanent collection of similar library or archive if it is impossible to
obtain the copy under reasonable conditions. 11

(5) Where a library or, archive requires more than a single copy of a work by reprographic
reproduction, the permission for this shall be obtained from the author, other owner of
copyright or from an appropriate collective administration society authorised by the publisher. (6) The provisions of this section are subject to the interest of the publisher, author or the
relevant collective administration society. Section 22— Permitted use of work or publication of portrait in public interest events
(1) The accidental or incidental inclusion of a work in the reporting of a news broadcast of
fresh events or of new information is not an infringement of the rights of the author in the work. (2) The publication of the portrait of a person is not an infringement of the rights of the author
or other person having an interest in the portrait where the publication is related to scientific,
educational or cultural purposes in general or to facts or events of public interest or events that
have occurred in public.

is related to scientific,
educational or cultural purposes in general or to facts or events of public interest or events that
have occurred in public.

Section 23—Ephemeral recordings
(1) Where a work is broadcast, the broadcaster may make a recording of the broadcast with the
broadcaster's own facility and may produce copies of the recording for the broadcasters own
use. (2) Subject to subsection (3) of this section, the copies of the recording shall be destroyed by
the broadcaster within six months after the date on which the recording was made. (3) An authorised recording under subsection (1) of this section of exceptional documentary
character may be preserved for presentation to the National Archives. (4) The preservation of an authorised recording for presentation to the National Archives does
not affect the rights of the author in the work that was broadcast. (5) Whether a recording of a broadcast is of exceptional documentary character is a question
of fact to be determined by the broadcaster after taking into consideration the circumstances of
the case and in particular the need for the enhancement of the historical and cultural aspects of
life in the country.

sideration the circumstances of
the case and in particular the need for the enhancement of the historical and cultural aspects of
life in the country.

Copies of Sound Recordings, Mechanical Reproduction Rights of Composers
Section 24—Production of copies of sound recordings
(1) A manufacture, producer or production company of sound recordings may make copies of
any musical work or a similar adaptation, if copies of the musical work or a similar adaptation
of them have previously been made in or imported into the Republic for the purpose of retail
sale and the copies were made with the licence of or imported by the owner of the copyright or
authorised collective administration society. (2) Before the making of the copies under subsection (1), the manufacture, producer or
production company shall give the owner of the copyright or authorised collective
administration society notice of the intention to make the copies and the address at which the
person intends to make them. 12

r authorised collective
administration society notice of the intention to make the copies and the address at which the
person intends to make them. 12

(3) The manufacturer, producer or production company shall, not later than fifteen days before
the sale of a copy made by that person under this section, send to the owner of the copyright or
the person authorised by the owner for the purpose, by registered post, notice of the person's
intention to sell or distribute in any other manner the copies made. (4) The notice shall contain
(a) the name and address of the manufacturer, producer or production company,
(b) the title of the work to which the notice relates with sufficient description to identify the
author of the work and its publisher,
(c) the type of sound recording on which the manufacturer, producer, or production company
intends to produce the work and an estimate of the number of copies the manufacturer, producer
or production company initially intends to sell,
(d) the ordinary selling price of the copies the manufacturer, producer or production company
intends to sell and the amount of royalty payable for them, and
(e) the earliest date on which any of the copies may be available for sale.

on company
intends to sell and the amount of royalty payable for them, and
(e) the earliest date on which any of the copies may be available for sale.

(5) The manufacturer, producer or production company shall make a mechanical royalty
payment on each copy of a sound recording to the owner of the copyright through the
appropriate collective administration society established, under section 49 of this Act within
fourteen days after the manufacturer, producer or the production company has sent the notice
to the owner of the copyright or the person authorised by the owner. (6) The royalty payable by the manufacturer, producer or production company or publisher
shall be an amount not less than seven per centum or such higher percentage as the Copyright
Tribunal may recommend, of the ordinary retail price of each copy of the sound recording made
under this section. (7) It shall be an infringement of copyright if a manufacturer or publisher deals in a copy of a
sound recording made under this section without the mechanical royalty payment.

ement of copyright if a manufacturer or publisher deals in a copy of a
sound recording made under this section without the mechanical royalty payment.

Enforcement Provisions
Section 25—Security device for sound and audio-visual recording
(1) A manufacturer importer or publisher of sound or audio-visual recording shall on the
approval of the Minister purchase a security device from the Internal Revenue Service as may
be required to cover the number of copyright works the manufacturer, importer or publisher
intends to sell or distribute. (2) The security device shall be fixed to each copy of the copyright work made or published by
the applicant. (3) A person shall not sell or exhibit for sale a copyright work that requires a security device,
without a security device affixed to it. (4) A person who sells or exhibits for sale a copyright work without a security device obtained
from the Internal Revenue Service affixed to it commits an offence and is liable on summary
conviction to a fine of not less than five hundred penalty units. 13

nternal Revenue Service affixed to it commits an offence and is liable on summary
conviction to a fine of not less than five hundred penalty units. 13

Section 26—Importation of pre-recorded music and other copyright works
(1) An officer of the Customs, Excise and Preventive Service shall, unless satisfied that an
imported sound recording or other copyright work is not a pirated product, not permit the
importation of the copyright work without written clearance from the right owner of the work
and the Copyright Office. Section 27—Levy on devices used for reproducing copyright materials
(1) There shall be imposed on any device capable of being used to copy a copyright work a
levy of a sum that shall be prescribed in Regulations made by the Minister in consultation with
the Minister responsible for finance. (2) The levy shall be collected by the Customs, Excise and Preventive Service at the time of
importation or production. (3) The provisions of the Customs, Excise and Preventive Service (Management) Law, 1993
(P.N.D.C.L. 330) as variously amended shall apply for the purpose of the collection of the levy. (4) The levy shall upon collection by the Customs, Excise and Preventive Service be deposited
in a fund established for the right holders by the Minister.

The levy shall upon collection by the Customs, Excise and Preventive Service be deposited
in a fund established for the right holders by the Minister.

(5) The fund shall be subject to an annual audit by the Auditor-General or an auditor appointed
by the Auditor-General. (6) The Auditor-General or an auditor appointed by the Auditor-General shall submit the audit
report to the Minister and the appointed collective administration society established under
section 49 of this Act. (7) The Minister in consultation with the executive officers of the appropriate collective
administration society shall cause the distribution of the levy to the right holders. (8) Any exception, quantum and modalities for the distribution of the levy shall be provided
for in Regulations made under this Act. (9) A person shall not import any device capable of copying protected materials without
payment of the levy. (10) A person who imports a device without payment of the levy commits an offence and is
liable on summary conviction to a fine of not less than two hundred and fifty penalty units or
imprisonment for a term not exceeding twelve months.

is
liable on summary conviction to a fine of not less than two hundred and fifty penalty units or
imprisonment for a term not exceeding twelve months.

Protection of Performers and Broadcasting Organisations
Section 28—Performers rights
(1) A person shall not without the authorization of a performer
(a) broadcast or communicate a performance of the performer directly or indirectly to the public
except
(i) where the broadcast or communication to the public is made from a previously authorised
fixation, or
14

irectly or indirectly to the public
except
(i) where the broadcast or communication to the public is made from a previously authorised
fixation, or
14

(ii) where the transmission is one that has been authorised by the broadcasting Organisation
that transmits the first performance,
(b) arrange the fixation of a performance not previously fixed on a physical medium,
(c) exercise the right of reproduction of the fixation in any manner or form,
(d) provide the first public distribution of the original or a copy of a fixation of a performance,
(e) provide or obtain a rental of the original or a copy of the performance for the purpose of
direct or indirect commercial advantage irrespective of the ownership of the original or copy
rented, or
(f) make available to the public a fixed performance by wire or wireless means, in a way that
members of the public may access it from a place and at a time individually chosen by them.

fixed performance by wire or wireless means, in a way that
members of the public may access it from a place and at a time individually chosen by them.

(2) A performer has the exclusive right to authorise or prohibit
(a) the rebroadcasting, rental and distribution of a fixation of the performance,
(b) the fixation of the performance,
(c) the reproduction of a fixation of the performance; or
(d) the communication to the public of the performance except where the performance has been
lawfully fixed on audio visual or audio recording media which may be broadcast without the
consent of the performer, if the recordings have been published; subject to the payment of
equitable remuneration to the performer. (3) Where a performer has given a performance under a contract of employment or of service,
the extent and conditions under which the employer of the performer may use the performance
or authorise others to use it shall be determined by reference to the nature of the contract of
employment or service unless agreed otherwise.

ormance
or authorise others to use it shall be determined by reference to the nature of the contract of
employment or service unless agreed otherwise.

(4) The consent of the elected representative of a group participating in choral, orchestral or
stage performance shall satisfy the conditions of subsection (2) and where the group has no
representative, the consent of the performers belonging to the group shall be expressed by the
consent of the leader of the group. Section 29—Duration of performer's right
The rights of a performer in respect of the performance are protected for a period of seventy
years starting from the end of the calendar year in which the performance was fixed on a
physical medium or in the absence of such a fixation, from the end of the calendar year in
which the performance took place. Section 30—Performer's right to contract
Subject to sections 5 and 28 (3) a provision in this Act shall not preclude the right of a performer
to enter into a contract with any person on such terms and conditions, as the performer
considers appropriate for the use of the performance by another person. Section 31— Moral rights of a performer
15

ms and conditions, as the performer
considers appropriate for the use of the performance by another person. Section 31— Moral rights of a performer
15

A performer has the right in dependent of the economic rights of the owner and even after the
transfer of those rights,
(a) to require to be identified with the performer's live oral performances and performances
fixed in phonograms; and
(b) to object to any distortion, multilation or other modification of a personal performance
which would be prejudicial to the reputation of the performer. Section 32—Authorisation relating to broadcast
In the absence of any law or contract to the contrary, the provisions of section 28 shall not
imply a consent to
(a) licence other broadcasters to transmit the performance,
(b) make a fixation of the performance,
(c) reproduce the fixation if the authorisation granted is to broadcast and make a fixation of the
performance, or
(d) broadcast the performance from a previous fixation or from the reproduction of the fixation
where initial permission was given solely to enable the broadcasting of the performance.

a previous fixation or from the reproduction of the fixation
where initial permission was given solely to enable the broadcasting of the performance.

Section 33—Broadcasting organisations
A broadcasting organisation has the exclusive right to authorise or prohibit,
(a) the rebroadcasting of its broadcast,
(b) the fixation of its broadcast, or
(c) the reproduction of a fixation of its broadcast, or
(d) the communication to the public of its broadcast. Section 34—Programme carrying signals
A broadcasting organisation has the right in relation to its programme carrying signals, to
prevent the distribution in the Republic or from the Republic of any signals by any distributor
for whom the signals were not intended. Section 35—Limitation on economic rights of performers and broadcasting organisations
The provisions of sections 28 and 33 of this Act shall not apply where the acts referred to are
concerned with
(a) private use,
(b) the reporting of current events, which involves the use of only short excerpts of a
performance, sound recording, audio visual work or broadcast,
(c) teaching or scientific research,
(d) quotations in the form of short excerpts of a performance, sound recording, audio-visual
work or broadcast, which are compatible with fair practice and are justified by the informative
purpose of those quotations, and
16

ding, audio-visual
work or broadcast, which are compatible with fair practice and are justified by the informative
purpose of those quotations, and
16

(e) cases where, under permitted users of copyright in sections 19 to 23 a work can be used
without the authorisation of the author or other owner of the copyright. Section 36—Duration of rights of broadcasting Organisation
The rights of a broadcasting Organisation referred to in sections 33, and 34 are protected until
the expiration of forty years from the date of making the broadcast or the signal. Section 37—Public performance and use of copyright work
(1) Where in any public place by means of broadcasting, cinematography, jukebox or other
apparatus, a sound recording or audio visual work is used the authorised performer and
producer of the sound recording or audio visual work shall be entitled to royalty in accordance
with this Act. (2) An owner of copyright is entitled to collect royalties for the live performance of the
copyright work or for the public performance of the recorded copyright work. General Provisions
Section 38—The public domain
(1) The following works belong to the public domain
(a) works with expired terms of protection,
(b) works by authors who have renounced their rights, and
(c) foreign works that do not enjoy protection in the Republic.

expired terms of protection,
(b) works by authors who have renounced their rights, and
(c) foreign works that do not enjoy protection in the Republic.

(2) For the purposes of paragraph (b) of subsection (1) of this section renunciation by an author
or the author's successor in title of the author's rights provided under section 5 shall be by
writing and made public, but the renunciation shall not conflict with any previous contractual
obligation relating to the work. (3) Subject to the payment of a fee that may be specified by the Minister a work that has fallen
into the public domain may be used without any restriction. (4) There shall be established by the Minister a fund for the deposit of any money that accrues
from the payment of fees under subsection (3). (5) The fund shall be established with the approval of the Accountant-General and shall be for
the benefit of institutions that promote the arts, authors, performers, producers of sound
recording, translators and the arts in general, except that separate head accounts shall be
assigned to the respective arts. (6) The fund shall be managed by the Copyright Administrator in consultation with the
Minister.

ead accounts shall be
assigned to the respective arts. (6) The fund shall be managed by the Copyright Administrator in consultation with the
Minister.

Section 39—Registration of works
(1) The Copyright Administrator appointed under section 68 shall open and maintain registers
in which shall be registered associations of authors, works and productions. (2) The purposes of registration are
17

shall open and maintain registers
in which shall be registered associations of authors, works and productions. (2) The purposes of registration are
17

(a) to maintain a record of works,
(b) to publicise the rights of the owners, and
(c) to give evidence of the ownership and authentication of intellectual property. (3) A publisher of work in the Republic may submit the work for registration by the Copyright
Administrator after its publication and two copies of the best edition may be deposited at the
Copyright Office. (4) Copyright protection of a work shall not be dependent on the registration of the work. Section 40—Presumption of authorship
(1) An individual whose name is indicated as the author on any work shall be presumed to be
the author of the work in the absence of any proof to the contrary. (2) This provision shall also apply where the name used is a pseudonym if the pseudonym does
not leave any doubt as to the identity of the author. (3) The presumption of authorship also applies to works created by more than one author.

ym does
not leave any doubt as to the identity of the author. (3) The presumption of authorship also applies to works created by more than one author.

Section 41—Infringement of copyright and related rights
(1) Subject to this Act the doing of an act contrary to
(a) the rights of an author under sections 5 and 6,
(b) the rights of a performer under sections 28, 30 and 31
(c) the rights of broadcasting organisations under sections 33 and 34 constitutes an
infringement of copyright or related right, as the case may be, and the right owner may seek
relief in a civil action under section 44.

constitutes an
infringement of copyright or related right, as the case may be, and the right owner may seek
relief in a civil action under section 44.

Section 42—Copyright and related rights offences
(1) A person who
(a) reproduces, duplicates, extracts, imitates or imports into the country, except for that person's
private use, any work,
(b) causes to be reproduced, duplicated, extracted, imitated or imported into the country except
for the person's private use any work,
(c) distributes or permits or causes to be distributed in the country by way of sale or otherwise
any work,
(d) exhibits or permits or causes to be exhibited in public any work,
(e) removes or alters any electronic rights management information,
(f) distributes, imports for distribution, broadcasts, communicates or makes available to the
public, works, performances, copies of fixed performances or sound recordings knowing that
electronic right management information has been removed or altered without authority, or
(g) manufactures, imports, distributes, exports, sells, rents, possesses for commercial purposes,
offers to the public, advertises, communicates or otherwise provides any device, product or
18

ports, sells, rents, possesses for commercial purposes,
offers to the public, advertises, communicates or otherwise provides any device, product or
18

component that is designed or adapted to remove, alter or add electronic rights management
information, or
(h) circumvents any technological protection measure applied by the right holder to the
protected work, or
(i) manufactures, imports, distributes, exports, sells, rents, possesses for commercial purposes,
offers to the public, advertises, communicates or otherwise provides without authority devices,
components, services or other means, designed, adapted, or promoted to circumvent such a
measure, or
(j) rents or lends to the public any work
where the person performing the act knew or had reasonable grounds to know that the action
induces, enables, facilitates or conceals an infringement of any copyright or related right
protected under this Act without the licence or authorisation of the person whose rights are
protected under this Act or the agent of that person whose rights are protected, infringes the
protected rights and commits an offence punishable under section 43 of this Act.

or the agent of that person whose rights are protected, infringes the
protected rights and commits an offence punishable under section 43 of this Act.

Section 43— Penalty for copyright offence
A person who infringes a right protected under this Act commits an offence and is liable on
summary conviction to a fine of not more than one thousand penalty units and not less than
five hundred penalty units or to a term of imprisonment of not more than three years or to both;
and in the case of a continuing offence to a further fine of not less than twenty-five penalty
units and not more than one hundred penalty units for each day during which the offence
continues. Section 44—Offences related to folklore
(1) A person shall not sell, offer or expose for sale or distribution in the Republic copies of
(a) works of folklore made in or outside the Republic, or
(b) translations, adaptations, arrangements of folklore made outside the Republic
without the permission in writing of the National Folklore Board.

or
(b) translations, adaptations, arrangements of folklore made outside the Republic
without the permission in writing of the National Folklore Board.

(2) A person who contravenes this section commits an offence and is liable on summary
conviction to a fine of not more than one thousand penalty units and not less than one hundred
and fifty penalty units or to a term of imprisonment of not more than three years or to both; and
in the case of a continuing offence to a further fine of not less than twenty-five penalty units
for each day during which the offence continues. Section 45—Offences by body of persons
(1) Where an offence is committed by a body of persons under this Act
(a) in the case of a body corporate other than a partnership, every director or secretary of the
body corporate shall also be deemed to have committed the offence, and
(b) in the case of a partnership, every partner shall also be deemed to have committed the
offence. 19

so be deemed to have committed the offence, and
(b) in the case of a partnership, every partner shall also be deemed to have committed the
offence. 19

(2) A person shall not be considered to have committed an offence under this section if the
person proves to the satisfaction of the court that the offence in respect of which the person is
charged was committed by some other person and was without the consent or connivance of
the person charged and that the person charged exercised the diligence required to prevent the
commission of that offence that that person ought to have exercised having regard to the
circumstances. Section 46—Compensation to victim of offence and forfeiture
In addition to any punishment imposed by the court in respect of an offence under this Act, the
court may order
(a) that the sums of money arising out of the offence be paid to the person entitled under this
Act to those sums, and
(b) that the reproduction, duplication, extract, imitation and other material involved in the
infringement, and the implement or device used in the infringement be forfeited and disposed
of as the court may direct having regard to the circumstances relating to the infringement.

device used in the infringement be forfeited and disposed
of as the court may direct having regard to the circumstances relating to the infringement.

Section 47—Civil remedies
(1) A person whose rights under this Act are imminent danger of being infringed or are being
infringed upon may initiate civil proceedings in the High Court
(a) for an injunction to prevent the infringement or prohibit the continuation of the
infringement,
(b) in respect of imported goods or goods ready for export, for an order requiring the Customs,
Excise and Preventive Service to detain the goods, or
(c) for the recovery of damages for the infringement. (2) On an ex parte application, the Court may make an order in chambers for the inspection or
removal from the defendant's premises of copyright infringing materials which constitute
evidence of infringement by the defendant. (3) The grant of an injunction under subsection (1) of this section shall not affect the claim for
damages in respect of loss sustained by the applicant as a result of the infringement of the
applicant's rights under this Act. (4) A person who sustains damage from an infringement of that person's rights under this Act
may institute civil proceedings against the person responsible for the infringement whether or
not the person has been successfully prosecuted under this Act.

itute civil proceedings against the person responsible for the infringement whether or
not the person has been successfully prosecuted under this Act.

(5) Where the Customs, Excise and Preventive Service (CEPS) detain goods under subsection
(1)(b)
(a) the right holder or the person upon whose application the order was made shall provide to
the CEPS a sufficiently detailed description of the goods to make them readily recognisable by
the CEPS;
(b) the CEPS shall release the goods to their owner if within ten working days it is not informed
by the person upon whose application the order was made that
20

S shall release the goods to their owner if within ten working days it is not informed
by the person upon whose application the order was made that
20

(i) proceedings leading to a decision on the merits of the case have been initiated by a party
other than the owner of the detained goods, or
(ii) an extension of the order for the detention of the goods had been granted by the appropriate
authority. (6) A right holder may apply directly to the CEPS for the detention of goods upon the grounds
stated in subsection (1)(b); and subsection (5) shall apply to such an application as appropriate
except that before the application is granted, the applicant shall provide sufficient information
to satisfy the CEPS that there is an infringement or imminent infringement of the rights holder's
copyright or related right. (7) Upon receipt of an application under subsection (6), the CEPS shall within fourteen days,
inform the applicant of
(a) the decision of the CEPS on the application; and
(b) where the application is granted, the period of the detention of the goods. Section 48—Settlement of disputes
(1) Where any dispute arises between any parties under this Act or in relation to any copyright
or claim under this Act, the parties involved in the dispute may seek to negotiate a settlement
of the dispute.

is Act or in relation to any copyright
or claim under this Act, the parties involved in the dispute may seek to negotiate a settlement
of the dispute.

(2) Where negotiation under subsection (1) fails, a report may be made by either or both parties
to the Copyright Administrator who shall mediate for a settlement. (3) A party dissatisfied with a decision to submit to mediation made under subsection (2) may
seek redress from a court of competent Jurisdiction. Section 49—Collective administration societies
(1) Authors, producers, performers and publishers may form collective administration societies
for the promotion and protection of their interest. (2) A collective administration society may acting on the authority of the owner of a right
collect and distribute royalties and other remuneration accruing to the owner. (3) The Minister may by legislative instrument make Regulations for the formation, operation
and administration of societies. Section 50—Copyright monitoring team
(1) There is by this Act established a copyright monitoring team referred to as "the monitoring
team". (2) The monitoring team shall comprise a number of police officers, five representatives of
Copyright owners and two officers of the Copyright Office that the Copyright Office may
require. (3) The monitoring team shall
(a) monitor copyright works,
21

t owners and two officers of the Copyright Office that the Copyright Office may
require. (3) The monitoring team shall
(a) monitor copyright works,
21

(b) investigate cases in respect of copyright,
(c) undertake anti-piracy activity, and
(d) perform other functions that are necessary to protect authors. (4) Members of the monitoring team from the Police Service may be seconded to the Copyright
Office for periods and on terms that the Minister of Justice and the Minister of Interior may
determine on the advice of the Copyright Administrator and the Inspector General of Police. Section 51—Establishment of the Copyright Tribunal
There is established a Copyright Tribunal referred to in this Act as the "Tribunal". Section 52—Composition of the Tribunal
The Tribunal shall comprise three persons, one of whom shall be a lawyer of at least ten years
standing who shall be the chairperson.

of the Tribunal
The Tribunal shall comprise three persons, one of whom shall be a lawyer of at least ten years
standing who shall be the chairperson.

Section 53—Functions of the Tribunal
The Tribunal shall
(a) hear and determine
(i) a matter referred to it pursuant to a provision relating to a licensing scheme, and
(ii) an application to settle the royalty or other sum payable for rental of a sound recording,
film or computer programme;
(b) keep under review the prescribed rate of royalty payable to a performer in connection with
an adaptation of an original recording of a performance; and
(c) make recommendations to the Minister on the rate of royalties or other payments payable
in respect of the use or presentation in a national cultural event, of any work or performance in
which copyright or other rights subsist. (2) In relation to its functions under subsection (1)(b) the Tribunal may on its own initiative
and shall, on a request made in writing by the Minister, enquire into the appropriateness of any
rate fixed and make recommendations to the Minister with respect to the rate as the Tribunal
considers appropriate.

re into the appropriateness of any
rate fixed and make recommendations to the Minister with respect to the rate as the Tribunal
considers appropriate.

Section 54—Tenure of office of members of the Tribunal
(1) A member of the Tribunal shall be appointed by the Minister and shall hold office for a
period of not more than three years, and is eligible for re-appointment. (2) A member of the Copyright Tribunal shall, subject to subsection (1), hold and vacate office
in accordance with the terms of appointment, and may
(a) resign from office by notice in writing to the Minister; or
(b) by notice in writing from the Minister to the member to be removed from office on account
of
(i) bankruptcy,
22

ice in writing to the Minister; or
(b) by notice in writing from the Minister to the member to be removed from office on account
of
(i) bankruptcy,
22

(ii) having made an arrangement with creditors or, having executed a trust deed for creditors
or entered into a composition contract, or
(iii) being incapacitated by physical or mental illness. (3) If a member of the Tribunal is by reason of illness, absence or other reasonable cause unable
to perform the duties of office, either generally or in relation to particular proceedings, the
Minister may appoint another person to discharge the duties of the member or in relation to
those proceedings for a period not exceeding six months at one time, and a person so appointed
shall have during the period of the appointment, or in relation to the proceedings in question,
the same powers as the member in whose place the person is appointed. Section 55—Allowances of members
A member of the Tribunal shall receive remuneration on that the Minister determines. Section 56—Proceedings of the Tribunal
(1) Where part of any proceedings before the Tribunal has been heard and a member of the
Tribunal is unable to continue, the Tribunal shall remain duly constituted for the purpose of
those proceedings so long as two members remain.

of the
Tribunal is unable to continue, the Tribunal shall remain duly constituted for the purpose of
those proceedings so long as two members remain.

(2) If the chairperson is unable to continue, the chairperson shall
(a) appoint one of the remaining members to act as chairperson, and
(b) where necessary appoint a suitably qualified person to attend the proceedings and advise
the members on any questions of law arising. (3) A person is "suitably qualified" for the purposes of subsection (2) if the person is eligible
for appointment as, chairperson of the Tribunal. (4) The Tribunal shall sit at a place and time to be determined by the chairperson or the member
for the time being acting as the chairperson. Section 57—Rules of procedure
(1) The Minister shall make regulations to govern the proceedings of the Copyright Tribunal.

acting as the chairperson. Section 57—Rules of procedure
(1) The Minister shall make regulations to govern the proceedings of the Copyright Tribunal.

(2) Regulations made under subsection (1) may
(a) empower the Tribunal not to entertain a representative organisation unless the Tribunal is
satisfied that the organisation is reasonably representative of the class of the persons it claims
to represent;
(b) provide for the manner in which the parties to any proceedings is to be determined and
enable the Tribunal to join as a party to proceedings any person or organisation that the tribunal
is satisfied has a substantial interest in the matter; and
(c) require the Tribunal to give the parties to proceedings an opportunity to state their case, in
writing or orally as the Regulations may provide. Section 58—Appeal
(1) An appeal lies on any point of law arising from a decision of the Tribunal to the High Court. 23

as the Regulations may provide. Section 58—Appeal
(1) An appeal lies on any point of law arising from a decision of the Tribunal to the High Court. 23

(2) The Tribunal may, by way of case stated, refer a question of law to the High Court for its
opinion. (3) The decision of the High Court, whether on an appeal or on a case stated, shall be binding
on the Tribunal. National Folklore Board
Section 59—National Folklore Board
(1) There is established by this Act a National Folklore Board referred to in this Act as "the
Board". (2) The Board shall consist of
(a) a chairperson,
(b) the Copyright Administrator,
(c) a person nominated by the National Commission on Culture; and
(d) six other persons
who shall be appointed by the President in consultation with the Council of State. Section 60—Tenure of members of the Board
(1) The members of the Board shall hold office for four years and are eligible for re
appointment on the expiry of the period. (2) A member of the Board may resign from office in writing addressed to the President through
the Chairperson.

pointment on the expiry of the period. (2) A member of the Board may resign from office in writing addressed to the President through
the Chairperson.

(3) Where the office of a member other than an ex-officio member becomes vacant before the
expiry of the term of the member or if for any other reason the member is unable to perform
the functions of office, the Chairperson shall notify the President who shall, acting in
consultation with the Council of State, appoint another person to complete the unexpired term
of office. (4) A person appointed to complete the unexpired term of a member may after serving the
unexpired term be appointed a member of the Board. Section 61—Allowances for members
Members of the Board shall be paid allowances determined by the Minister in consultation
with the Minister responsible for finance. Section 62—Meetings of the Board
(1) The Board shall meet to conduct business at times and at places that the chairperson may
determine except that the Board shall meet at least once every three months. (2) The Board shall regulate the procedure of its meetings. Section 63—Functions of the Board
The Board shall
24

eet at least once every three months. (2) The Board shall regulate the procedure of its meetings. Section 63—Functions of the Board
The Board shall
24

(a) administer, monitor and register expressions of folklore on behalf of the Republic,
(b) maintain a register of expressions of folklore at the Copyright Office,
(c) preserve and monitor the use of expressions of folklore in the Republic,
(d) provide members of the public with information and advice on matters relating to folklore,
(e) promote activities which will increase public awareness on the activities of the Board, and
(f) promote activities for the dissemination of expressions of folklore within the Republic and
abroad. Section 64—Use of folklore
(1) A person who intends to use folklore for any purpose other than as permitted under section
19 of this Act, shall apply to the Board for permission in the prescribed form and the person
shall pay a fee that the Board may determine. (2) There shall be established by the Minister with the approval of the Accountant-General a
fund for the deposit of any fees that may be charged in respect of the use of folklore. (3) The fund shall be managed by the Board and shall be used
(a) for the preservation and promotion of folklore, and
(b) for the promotion of indigenous arts.

fund shall be managed by the Board and shall be used
(a) for the preservation and promotion of folklore, and
(b) for the promotion of indigenous arts.

Administration, the Copyright Office and Miscellaneous Matters
Section 65—Establishment of the Copyright Office
(1) There is established by this Act the Copyright Office. (2) The Copyright Office shall consist of the Copyright Administrator appointed under section
68 of this Act and other officers employed for the Copyright Office. (3) The headquarters of the Copyright Office shall be in Accra. (4) There may be opened regional branches of the Copyright Office in such regions as the
Minister acting on the advice of the Legal Service Board may determine. Section 66—Object and functions of the Copyright Office
(1) The Copyright Office is responsible for the administration of copyright. (2) In pursuance of its object the Copyright Office shall
(a) implement copyright and copyright related laws and regulations and provide for copyright
administration;
(b) investigate and redress cases of infringement of copyright, and settle disputes of copyright
where those disputes have not been reserved for settlement by the Copyright Tribunal;
(c) be responsible for the administration of external copyright relations;
(d) administer copyrights of which the State is the owner;
25

ght Tribunal;
(c) be responsible for the administration of external copyright relations;
(d) administer copyrights of which the State is the owner;
25

(e) carry out other duties in relation to copyright administration. Section 67—Governing body
The governing body of the Copyright Office shall be the Legal Service Board. Section 68—Copyright Administrator
(1) The chief executive of the Copyright Office shall be the Copyright Administrator who shall
be appointed by the President in accordance with the advice of the Legal Service Board given
in consultation with the Public Services Commission. (2) The Copyright Administrator shall hold office on terms and conditions specified in the letter
of appointment of the Copyright Administrator. (3) The Copyright Administrator shall be responsible for the day-to-day administration of the
Copyright Office subject to directives that the Legal Service Board may give. (4) The Copyright Administrator may delegate any of the duties of the office. Section 69—Appointment of staff of the Copyright Office
(1) The Copyright Office shall have other officers and employees that are necessary for the
proper and effective performance of its functions. (2) The staff of the Copyright Office shall perform such functions that the Copyright
Administrator may assign to them.

performance of its functions. (2) The staff of the Copyright Office shall perform such functions that the Copyright
Administrator may assign to them.

(3) The President shall appoint the staff and employees of the Copyright Office in accordance
with article 195 of the Constitution on terms and conditions that the President may determine. (4) The Legal Service Board may engage the services of consultants and advisers as it considers
necessary upon the recommendation of the Copyright Administrator. (5) Public officers may be transferred or seconded to the Copyright Office or may otherwise
be required to give assistance to it. Section 70—Funds of the Copyright Office
The funds for the operation of the Copyright Office shall include
(a) money approved by Parliament for the Office,
(b) donations,
(c) gifts, and
(d) money received from any other source approved by the Minister for Finance. Section 71—Budget
The Copyright Office shall submit to the Minister responsible for Finance through the Minister
at the end of each financial year detailed estimates of the budget for the Copyright Office for
the ensuing year. Section 72—Accounts and audit
26

ter
at the end of each financial year detailed estimates of the budget for the Copyright Office for
the ensuing year. Section 72—Accounts and audit
26

(1) The Copyright Office shall keep books of account and proper records in relation to them
and the books and records of the Copyright Office shall be in such form as the Auditor-General
may approve. (2) The account books and records of the Copyright Office shall, within three months after the
financial year be audited by the Auditor-General or an auditor approved by the Auditor-General
and a report on the audit shall be submitted to the Board. (3) The financial year of the Copyright Office shall be the same as the financial year of the
Government. Section 73—Annual report
(1) The Copyright Office shall after the expiration of each financial year but within six months
after the end of the year, submit to the Minister through the Legal Service Board an annual
report covering the activities of the Copyright Office for the year to which the report relates. (2) The annual report submitted under subsection (1) shall include the report of the Auditor
General. (3) The Minister shall, within two months after the receipt of the annual report submit the report
to Parliament with such statement as the Minister considers necessary.

all, within two months after the receipt of the annual report submit the report
to Parliament with such statement as the Minister considers necessary.

(4) The Copyright Office shall also submit to the Minister other report that the Minister may
in writing request. Section 74—Regulations
The Minister may by legislative instrument make regulations
(a) for the registration and deposit of works,
(b) in consultation with the Minister responsible for finance for the levy payable on technical
devices used for copying copyright materials,
(c) for the form and scope of contracts and licences relating to publishing, performance, sound
recording and audio-visual productions, and
(d) generally for carrying into effect the provisions of this Act. Section 75—Minister's power of delegation
The Minister may delegate any power of the Minister under this Act in writing to the Copyright
Administrator or any other public officer. Section 76—Interpretation
In this Act unless the context otherwise requires
"artistic work" means irrespective of artistic quality any of the following works:
(a) painting, drawing, etching, lithograph, woodcut, engraving, print, fashion design and wood
design;
(b) photography not comprised in an audio visual film;
27

ng, drawing, etching, lithograph, woodcut, engraving, print, fashion design and wood
design;
(b) photography not comprised in an audio visual film;
27

(c) map, plan or diagram;
(d) sculpture;
(e) work of architecture in the form of building or model; or
(f) work of applied art, whether handicraft or produced on an industrial scale;
"audio-visual work" means a work that consists of a series of related images which impart the
impression of motion, with or without accompanying sounds, susceptible of being made
visible, and where accompanied by sounds susceptible of being made audible;
"author" means a person who creates a work, and in the case of cinematographic work or sound
recording means the person by whom the arrangements for the making of the work or recording
is undertaken;
"Board" means the National Folklore Board;
"broadcasting" means the transmitting for reception by the general public over a distance by
means of radio, television, electromagnetic emissions, light beams, wire, cable or other means;
"choreographic work' includes forms of dance, whether or not in dramatic form;
"collective licence" means a licence issued by a collective administration body under which
copies of a protected work can be made;
"communication to the public" means the transmission, other than broadcasting, by wire or
without wire, of the images or sounds or both of a work, a performance or a sound recording
in such a way that the images or sounds can be perceived by persons outside the normal circle
of a family and its closest social acquaintances at a place or places so distant from the place
where the transmission originates that without the transmission, the images or sounds would
not be perceivable irrespective of whether the person can receive images or sounds at the same
place and time, or at different places or times individually chosen by them;
"copy" means a reproduction of a work in a written form, or in the form of a recording or film,
or in any manner or form, but an object shall not be taken to be a copy of an architectural work
unless the object is a building or a model;
"derivative work" means a work resulting from adaptation, translation or other transformation
of an original work in so far as it constitutes an independent creation;
"device" includes audio or visual cassettes, compact discs, CD-Rom's, VCR's, photocopy
machines and any other device used to copy copyright materials;
"fixation" means the embodiment of sounds, images or images and sounds or of representations
made from them from which the sounds, images or images and sounds can be perceived,
reproduced or communicated through a device;
"folklore" means the literary, artistic and scientific expressions belonging to the cultural
heritage of Ghana which are created, preserved and developed by ethnic communities of Ghana
or by an unidentified Ghanaian author, and includes kente and adinkra designs, where the
author of the designs are not known, and any similar work designated under this Act to be
works of folklore;
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s kente and adinkra designs, where the
author of the designs are not known, and any similar work designated under this Act to be
works of folklore;
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"literary work" includes
(a) novels, stories or poetical works;
(b) plays, stage directions, film scenarios or broadcasting scripts;
(c) textbooks, treaties, histories, biographies, essays or articles;
(d) encyclopedias, dictionaries, directories, time tables, anthologies, databases or compilation
of data or other material, whether in machine readable form, which by reason of the selection
or arrangement of contents constitutes intellectual creations;
(e) letters, reports or memoranda;
(f) lectures, addresses or sermons; and
(g) computer programmes whatever may be the mode or form of expression;
"mechanical night" means the right of the author to reproduce literary, dramatic or musical
works in the form of sound recordings and audio-visual works produced mechanically and
includes electro-acoustic and electronic procedures the rights of which are usually administered
by authors, societies or other appropriate organisations;
"Minister" means the Minister responsible for Justice;
"musical work" includes any musical work irrespective of its musical quality and words
composed for musical accompaniment;
"owner" means the person to whom the copyright in a work belongs and includes the heir of
an author or an assignee in whole or in part of a copyright;
"performance" means the presentation of a work by such action as dancing, playing, reciting,
singing, delivering, declaiming or protecting to listeners or spectators;
"performer" means the actor, dancer, musician, singer and other persons who act, sing, deliver,
declaim, play in or otherwise perform literary or artistic works or expressions of folklore;
"producer" means a person or an entity that
(a) finances or organises
(i) stage performances; or
(ii) productions; or
(b) undertakes the first fixation of audio-visual work or sound recording
"public performance" means
(a) in the case of a work other than an audiovisual work, the recitation, playing, dancing, acting
or otherwise performing the work, either directly or by means of any device or process;
(b) in the case of an audiovisual work, the showing of images in sequence and the making of
accompanying sounds audible; and
(c) in the case of a sound recording, making the recorded sounds audible
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g of images in sequence and the making of
accompanying sounds audible; and
(c) in the case of a sound recording, making the recorded sounds audible
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at a place or at places where persons outside the normal circle of the family and its closest
acquaintances are or can be present, irrespective of whether they are or can be present at the
same place and time, or at different places or times, and where the performance can be
perceived without the need for broadcasting or communication to the public within the meaning
of the definitions of "broadcasting" and "communication to the public";
"public place" means any building, place or conveyance to which for the time being the public
are entitled or permitted to have access, either without any condition or upon condition of
making any payment, and includes theatres, hotels, cinemas, concert halls, dance halls, bars,
clubs, sports grounds, holiday resorts, circuses, restaurants and commercial banking and
industrial establishments;
"publisher" means a person who undertakes the publication of a work by the issue of copies to
the public usually for sale or in the case of a sound recording or audio-visual work a publisher
is the person who issues duplicates of the sound recording or audio visual work;
"programme-carrying signals" means electronically generated carriers transmitting live or
recorded material consisting of images, sounds or both, in their original form or any form
recognisably derived from the original, in extra-terrestrial space;
"sound recording" means work that results from the fixation of a series of musical, spoken or
other sound, or of a representation of sounds but does not include sounds accompanying a
motion picture or other audio-visual work regardless of the nature of the material objects in
which those sounds are embodied;
"systematic instructional activities" means the methodical presentation of information for
educational purposes;
"work of joint authorship" means a work created by two or more authors in collaboration, in
which the individual contributions are indistinguishable from each other.

authorship" means a work created by two or more authors in collaboration, in
which the individual contributions are indistinguishable from each other.

Section 77—Repeal and saving
(1) The Copyright Law, 1985 (P.N.D.C.L. 110) is hereby repealed. (2) The rights, assets, properties, obligations and liabilities of the Copyright Office under the
repealed enactment are by this Act transferred to the Copyright Office established under this
Act. (3) The repeal of the Copyright Law, 1985 (P.N.D.C.L. 110) shall not affect any copyright or
other rights that were vested in any person by virtue of that law and those rights shall continue
to be enforceable as if they were conferred under this Act. (4) Any appointment made under the repealed enactment and valid at the commencement of
this Act shall remain valid as if made under the corresponding provision of this Act until
terminated or otherwise dealt with under this Act. Section 78—Retroactive protection
The provisions of this Act applies to works, performances and sound recordings which were
made prior to the date of the coming into effect of this Act, if the term of protection had not
expired under the Copyright Law, 1985, (P.N.D.C.L. 110) or under the legislation of the
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into effect of this Act, if the term of protection had not
expired under the Copyright Law, 1985, (P.N.D.C.L. 110) or under the legislation of the
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country of origin of the works, performances or sound recordings that are to be protected under
an international treaty to which the Republic is party.
Date of Gazette Notification: 3rd June, 2005.
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