In Ghana, copyright is one of the most accessible and powerful forms of intellectual property protection. Unlike other IP rights, copyright arises automatically once original work is created and fixed in a tangible form—no formal registration is required. Ghana is a signatory to the Berne Convention, which provides international recognition of copyright across member countries.
What Is Copyright?
Copyright is a legal right that gives creators control over the use and distribution of their original works, whether written, visual, musical, or digital. It allows the author or rights holder to prevent unauthorized copying, distribution, adaptation, or performance of their work.
Copyright like any IP right, can be sold, assigned, inherited, or licensed to others.
What Does Copyright Protect?
Copyright gives protection to:
Literary works.
Software and computer programs.
Artistic work.
Musical compositions and lyrics.
Sound recordings and cinematographic films.
Broadcasts and audiovisual works.
To be eligible, the work must be original and expressed in a tangible or visible form. Ideas, procedures, and methods not expressed materially are not protected.
Who Owns the Copyright?
In Ghana, the general rule is that the author or creator owns the copyright. However, exceptions include:
Commissioned work: The client may hold the copyright if terms are agreed in writing.
Employee-created work: Employers own the copyright if the work is created during the course of employment.
Government/public bodies: Copyright may belong to the State if the work is created under government control or for public administration.
Duration of Copyright Protection
Literary, musical, and artistic works: 70 years after the death of the author.
Audiovisual works and photographs: 70 years from the date of publication.
Computer programs: 70 years from publication or public availability.
Broadcasts and sound recordings: 70 years from the year they were made or first published.
Permitted Uses (Fair Use/Dealing)
Certain uses of copyrighted work are allowed under Ghanaian law without permission. These include:
Private study, research, criticism, or news reporting.
Use for educational purposes with proper attribution.
Public speeches and political commentary.
Legislative, judicial, and administrative documents.
However, extensive use or commercial reproduction without permission still constitutes infringement.
