Creations such as art, music, software and similar works should not be dismissed as mere ‘content.’ They are assets that hold enduring value.
In Ghana, the law recognises that, from the moment you create an original work and fix it in some form, copyright protection arises automatically under the Copyright Act 2005 (Act 690).
That protection is not dependent on registration although registration and good documentation make it much easier to prove ownership when a dispute arises.
Copyright is not just legal jargon. Rather, it is a collection of substantive powers entrusted to you as the creator. Under Act 690, the author of a protected work has the exclusive economic right to:
- Reproduce the work,
- Communicate or perform the work to the public, including through broadcasting or streaming.
- Adapt, translate or otherwise transform the work.
These are complemented by moral rights: the right to be recognised as the author and to object to uses that distort or mutilate your work.
Without understanding and asserting these rights – whether through contracts, licences or registration – others may reproduce or monetise your work without permission, forcing you to play catch-up in protecting what is already yours.
Ghanaian courts do enforce creators’ rights. For example, in Pearson Education Ltd v Morgan Adzei, the Supreme Court clarified that copyright protects the expression of work, not mere general ideas or plots.
In GHAMRO v MTN, Vodafone & AirtelTigo, the High Court in Accra held that the telcos’ failure to obtain user licences for music downloads and public performance amounted to copyright infringement, granting GHAMRO damages, ongoing royalties and significant costs.
Although legal disputes are a reality, they can be slow, stressful and costly. That is why it is far wiser to treat copyright as a proactive shield rather than a last-minute sword. At VE Legal, we recommend that you safeguard and record your rights at the time of creation. Putting the relevant legal protections in place from the beginning ensures that the law is positioned to defend your interests should they ever be infringed upon.