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IP Rights in Ghana’s Creative Industry: Finding the Economic Pathway

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Collectively, the creative arts ecosystem generates rich social, cultural and economic benefits that supports the livelihood of the creators, enablers and investors.

 

Maximizing benefits is very key in sustaining the creative arts industry. The Robert Smith Law Group, in partnership with Ministry of Tourism and Creative Arts and the Attorney General’s Office last year December organized the Second Law for Society Public Seminar Series, with focus on intellectual property rights in Ghana’s creative arts ecosystem.

 

It was quiet a packed day and the deliberations which were anchor of the broader theme: How to Monetize Benefits for Creative Artistes – focused on finding solutions to the teething challenges confronting creative arts.

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Chaired by the Deputy Minister of Tourism and Creative Arts, Hon. Mark Okraku Mantey, the programme witnessed high-level industry players including talents, enablers and investors attending. The Hon. Deputy Attorney General, Ms. Diana Assonaba Dapaah was the Guest Speaker.

 

The Series had two panel discussions, The first panel discussed the experiences of notable industry personnel on IP right benefits while the second focused on the legal regime of the Copyright Protection in Ghana and solutions to issues associated with the current IP monetization initiates.

 

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Among the key panelists were Boomplay General Manager Elizabeth Ntiamoah, Lynx Entertainment CEO Richie Mensah and venerable artiste Okyeame Kwame. The discussions focused on experiences with Intellectual Property (IP) earnings, the Copyright Protection regime in Ghana and solutions to the issues associated with current IP monetization initiatives.

 

In his welcoming address, Bobby Banson, Lead Counsel at the Robert Smith Law Group reiterated the focus of the discussion as one aimed at proffering solutions to issues associated with royalty collection in the creative art industry.

 

 

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Maximizing IP Rights in a Digital Era

In her keynote address, the Deputy Attorney General, Ms. Diana Assonaba Dapaah, begun by commending the Robert Smith Law Group for organizing the programme. She emphasized the pressing need for creative talents to maximize their IP rights in the advent of new technologies.

 

She further noted that notwithstanding budgetary constraints, the government is still committed to fulfilling all his promises to Ghanaians.

 

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The Deputy Attorney General stated that issues with royalty collection emanate from two main causes – Lack of transparency in the collection and distribution system and a failure to adapt to modern technology.

 

She assured that Government, in accordance with the Copyright Act 2005 (Act 650) and the Copyright Regulations, 2021 (LI 1962) was in the process of studying the current regime of royalty collection and payment and would soon commence stakeholder engagement to ensure a licensing regime that accords with the rights conferred under the laws.

 

Finally, she urged for effective stakeholder engagement, promising that government would welcome the policy suggestions that would made at the forum.

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Copyright Literacy and Protection

 

Okyeame Kwame spoke on some of the benefits he has derived from the use of his IP. He revealed that music gave him the ability to build a brand and a hope, adding that it became his profession as well as a means of expression. However, his works are yet to commensurate with his financial gain.

 

He noted that in the past 24 years, he had not made any economic gains from royalties on his creative work, his income streams have been from performances and streaming.

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Richie Mensah who has wealth of experience in his diverse roles in different levels of the music industry, stated that throughout his progression from performer, to producer, and finally record label manager his efforts have not translated into money despite the massive impact on the industry.

 

He was yet to make a single penny from his first advert which he made in the early 2000s. Talent, he lamented, is usually bullied. He noted that there is a huge untapped money stream in entertainment that artistes are not capitalizing on even though digital sales are soaring in some countries that is not the case in Ghana.

 

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Boomplay Manager Elizabeth Ntiamoah whose company operates in Ghana, Nigeria, and Kenya noted that Ghanaian artistes are not as insistent on their rights as other jurisdictions. This is because, compared to Kenya and Nigeria, Ghanaian artistes have little copyright literacy.

 

Elizabeth Ntiamoah, however, noted that there is an increasing awareness and Ghanaian artistes are starting to understand their IP rights and building the voice to demand it.

 

She noted that the problem also stems from a lack of technological literacy. “Even classical artistes do not know how to upload songs unto Boomplay.” This, she lamented, was a sad issue.

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Monetizing and Understanding IP Rights

 

The second panel discussed Maximizing benefits for Creative artistes. The panelists were Nana Yaw Sompa, a Private Legal Practitioner; Abraham Adjetey, GHAMRO President and Nii Ofoli Yartey, popularly known as Seven, a well-known music right advocate and thought leader.

 

The discussion begun with an overview of the legal regime on copyright protection in Ghana. Mr. Sompa Esq, gave an insightful brief of Copyright laws.

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  1. There are two types of IP rights: Economic Right and Moral Right. Economic Right is the right to make monetary gain from one’s IP. According to the learned author Andrew Amegatcher in his book ‘Ghanaian Law of Copyright’, economic rights are the rights of exploitation of the work and the resulting right of receiving remuneration there from.

 

  1. The Moral Right constitutes the right to receive authorship and referencing for one’s creative works. Per section 6 the author of protected copyright work has the sole moral right
    1. 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
    2. 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.

 

  1. Under the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) of 1886 of which Ghana is a signatory, Article 11bis, music right holders have the exclusive right to authorize,
    1. the broadcasting of their works or the communication thereof to the public by any other means of wireless diffusion of signs, sounds or images;
    2. any communication to the public by wire or by rebroadcasting of the broadcast of the work, when this communication is made by an organization other than the original one;
    3. the public communication by loudspeaker or any other analogous instrument transmitting, by signs, sounds or images, the broadcast of the work.

 

  1. These set of rights form part of our laws in Ghana, and is reproduced in Sections 5 and 6 of the Copyrights Act 2005, Act 690.

 

  1. Section 5 of Act 690 grants the author of protected copyright work, the exclusive economic right to do or authorize the doing of the following;
    1. the reproduction of the work in any manner or form,
    2. the translation, adaptation, arrangement or any other transformation of the work,
    3. the public performance, broadcasting and communication of the work to the public,
    4. the distribution to the public of originals or copies of the work by way of first sales or other first transfer of ownership, and
    5. the commercial rental to the public of originals or copies of the work.

 

  1. To aid artistes fully enjoy the economic rights associated with their work, Act 690 allowed for the creation of various associations to collect the monies due to artistes from their work.

 

  1. Section 49 of Act 690 provides which is the basis on which artistes were allowed to form associations Collective administration societies of their choice to protect their IP:
    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 any other remuneration accruing to the owner.
    3. The Minister may, by legislative instrument, make Regulations for the formation, operation and administration of societies.”

 

Mr. Abraham Adjetey of GHAMRO spoke on the impact of Section 49 of Act 690. He stated that even though the overarching regime of copyright protection had already been set up under Section 49, it is still not fully operational. He attributed this lapse to lack of governmental enforcement measures and also Artistes’ lack of interest in IP education initiatives. In very strong language he made a case of the forum, pointing out that very few stars were minded to attend the programme.

 

Nii Ofoli Yartey (Seven) reiterated the concerns about the poor enforcement framework for royalty collection. He however placed his blame on GHAMRO instead of the Attorney General’s Department. He insisted that the Attorney General having licensed GHAMRO to fix royalty collection rates and collect same, GHAMRO had the proper authority to enforce royalty collection. He called for proper accountability and admonished the union for not doing its best.

 

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Finally, he reiterated the need for stakeholder engagement to map out sustainable solutions to the issues raised at the forum.

 

Finding the Pathway

 

A summary of the insights and recommendations made at the forum are as follows:

 

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  1. Enhance copyright literacy among creatives
  2. Talents must understand the role of technology in enhancing IP rights
  3. The need for rigorous governmental framework to enforce copyright laws.
  4. Create awareness of among Creatives on their IP rights.
  5. The Attorney Generals Department must control collection agencies by revoking licenses if creatives are not paid.
  6. There is a need for a stakeholder meeting to draw a roadmap to change the current trend.

 

 

Written by Ekow Quandzie

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OldSwat features Unsigned and Talented artist; Quame Rhymz on “Obrefour”

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Obrefour

Ghana-born Belgian music producer known as OldSwat has started an initiative to give unheard, talented and unsigned artists the platform to share their stories with the world. “Obrefour” featuring Quame Rhymz is the first single off this project. The 14-track project titled “The Discovery” album features 14 talented up-and-coming artists from Ghana. (more…)

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Consolidated Bank Ghana LTD Leads GHS 600 million Note Programme Listing for Kasapreko Co. PLC on Ghana Fixed Income Market

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Consolidated Bank Ghana LTD (CBG) in a strategic partnership as a joint lead arranger has lauded Kasapreko Co. Plc, an indigenous beverage manufacturer, for its ambitious growth plans following the official listing of the Series 1 GHS 600 million Note Programme on the Ghana Fixed Income Market (GFIM).

The funds raised will bolster Kasapreko Co. Plc’s working capital, financing capital expenditures such as operational expansion, and refinancing short-term debts.

Speaking at a joint press briefing in Accra, the Managing Director of CBG, Mr. Daniel Wilson Addo, emphasized the significance of the transaction, indicating that this is the first time an indigenous Ghanaian Bank has worked with an indigenous manufacturing company to raise funding from local pension funds in the public market. This signifies fostering strong partnerships among indigenous companies to overcome financing challenges innovatively. 

He added that the funding which is at a cost significantly lower than the Ghana Reference Rate (GRR) for borrowing will cushion Kasapreko Co. Plc’s operations significantly.

He underlined the importance of addressing risks associated with Small and Medium-sized Enterprises (SMEs) while encouraging financial institutions and industries to develop financial structures that meet the evolving risks effectively.

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Mr. Addo stated, “This transaction is a testament to our overriding ambition to make an impact in the communities in which we operate. We stand with you in good times or in bad times”.

According to Mr. Addo, the support for Kasapreko Co. Plc highlights the economic impact of CBG’s lending philosophy.

The Managing Director of Kasapreko Co. Plc, Mr. Richard Adjei, welcomed the innovative financing source, describing it as a relatively cheaper capital and sustainable solution for business growth.

Mr. Adjei expressed his gratitude towards CBG for enabling them to explore alternatives beyond traditional Banks. With the infusion, Kasapreko Co. Plc aims to expand production capacity and enhance its participation in the African Continental Free Trade Area (AfCFTA), having already exported products to Kenya and South Africa.

In attendance were Management members of the Consolidated Bank Ghana LTD (CBG) including the Deputy Managing Director of Operations and Technology, Mr. Thairu Ndungu; Deputy Managing Director of Corporate Resources, Madam Nana Ama Poku and Director of Finance and Strategy, Mr. Charles Appiah and other senior executives of the Bank.

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Mr. Gregg Pitt, Deputy Managing Director; Mr. Humphrey Hessel-Appiah, Finance Director; Mr. Gerald Bonsu, Commercial Director; and Mr. Isaac Adjei, a Board Member, all of Kasapreko Co. Plc were also present.

Consolidated Bank Ghana LTD (CBG) is wholly owned by the Government of Ghana and operates as a universal Bank with 114 branches in 13 regions of Ghana. The Bank has strong government support, a large SME client network, and a pool of diverse talent.

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Telecel Ghana Network Update

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Telecel Launch

Telecel Ghana has multiple sources of internet services through SAT3, WACS, ACE, and submarine fibre links to other international providers.

On the 12th of March 2024, Telecel Ghana lost internet capacity provided by WACS subsea cable, and immediately switched to ACE to maintain service.

On 14th March 2024, Telecel Ghana lost internet connectivity from its remaining providers SAT3 and ACE due to a cut in their undersea cables. This resulted in the disruption of data services on Mobile and Fixed networks.

Telecel Ghana has now secured new internet capacity and is progressively adding more capacities through local and international partners, including other Telecel subsidiaries. This, is in addition to local caching solutions which are enabling access to some content services such as YouTube, Facebook, Netflix etc.

Telecel Ghana sincerely appreciates the patience and understanding of its customers during this period. All customers will be refunded accordingly. 

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Please note that information circulating on social media platforms about the disconnection of Telecel Ghana due to debts owed is false and should be disregarded.

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SuperSport to air 13th African Games on DStv & GOtv from March 19

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SuperSport International have confirmed that the ongoing 13th African Games will telecast on DStv and GOtv from 19th to 23rd March 2024.

The broadcast will cover a wide range of sports disciplines. Given that this is also an Olympics year, the athletics, track, and field which began today may be the most significant sport fans across the continent would love to follow.

Currently Nigeria and South Africa, led by Egypt (first), are ranked second and third, respectively, on the medal standings.

Ahead of the live feed on your DStv and GOtv starting tomorrow 19th March 2024, SuperSport is streaming live the games on the DStv Stream and GOtv Stream apps.  Subsequently from tomorrow the broadcast would be open on DStv 248 (Variety 4) (DStv) and GOtv channel 131 (Select 2).

The 13th African Games are already delivering unforgettable experiences, reconnect your decoder to be part of a celebration of diverse sporting talent and cultural unity live from Accra Ghana.

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Hollard Ghana Empowers Student Entrepreneurs with Second Edition of Streetwise Finance Business Challenge.

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Hollard Ghana, the country’s favourite insurer, with subsidiaries Hollard Insurance and Hollard Life, awards Jnelp Innovations, a student entrepreneur, with GHC 40,000 as funding at the just-ended Hollard Streetwise Finance Entrepreneurship Business Challenge held at the University of Cape Coast. 

In collaboration with the University of Ghana Business School and the University of Cape Coast, the grant-based program showcased ten talented student-led businesses that presented their business ideas to a distinguished panel of judges in a bid to secure funding. Zenags Organics won the second-place prize of GHC 20,000, and Career Path won the third-place award of GHC 10,000.

Speaking on the essence of the event, Alexander Osei Mensah, General Manager of Operations at Hollard Insurance, described the initiative as a testament to the insurance group’s efforts to nurture entrepreneurial spirit and innovation among the youth.

“As a company that does well by doing good, our purpose is to bridge the gap between the corporate world and academia. Being an entrepreneurially driven company, Hollard believes in enabling its community to create better futures. Since universities are essential in nation-building and the training ground for business leaders, we focus on engaging tertiary students to ensure they are enabled to succeed in the future with Hollard’s support. In doing so, we aim to inspire more students to explore opportunities that will lead to successful employment upon graduation, particularly through entrepreneurship,” Alex added.GROUP HSBC

Portia Sackey, the founder of Jnelp Innovations, expressed her satisfaction with the event’s outcome, stating, “We are thrilled to be winners of the Hollard Streetwise Finance Business Challenge.   We are grateful to Hollard Ghana for this opportunity to help small businesses thrive. With this funding, we will expand our business by investing in research and development for our skin product and purchasing a tricycle and two extra automatic filling machines to enable us to meet the demanding markets with our products”. 

The success of the second edition of the Streetwise Finance Business Challenge reinforces Hollard Ghana’s commitment to fostering economic growth and empowering the next generation of business leaders. The company remains dedicated to supporting initiatives that contribute to the overall development of Ghana’s entrepreneurial landscape. Student startup businesses participating in the competition include Overseas, Gamkrib, Delsoy Foods, Shuttle Track, Prifrimps Food, Geia Technology, and Firefly I.O.

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Keren Arthur, PhD, the Director of the D-Hub, urged the winners to be strategic in their decisions while remembering that entrepreneurship is an experimental process. 

“Adopt a step-by-step process for using funds and know that entrepreneurship requires a small-scale pilot before major investment. To the other businesses who competed, don’t give up. This event has added to your story, and I hope this will make you stronger and even more committed to taking the ideas forward. The doors of the D-Hub are always open to help you chart the next chapter of your story,” she added.

 

The country’s favourite insurance group is Hollard Ghana, with subsidiaries Hollard Insurance and Hollard Life Assurance. The group combines its deep local knowledge of the market, having previously operated in Ghana for 25 years as Metropolitan Insurance, with the world-class expertise of an international insurance brand in 18 countries worldwide. With feet firmly planted on Ghanaian soil but headquartered in South Africa, Hollard delivers innovative insurance solutions customised to the unique risks Ghanaians face. Hollard offers various life and general insurance products, including funeral, personal accident, motor, business, travel, home, and more, and can be reached via 0307000599. Beyond various nationwide office branches and Hollard 2U franchise shops, Ghanaians can find Hollard at Shell Fuel Station Welcome Shops, Melcom stores and online at www.hollard.com.gh, www.melcom.com/hollard-insurance and www.jumia.com.gh for all their insurance needs.

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Team South Africa withdraws hockey from African Games due to poor pitch conditions

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South Africa’s hockey teams have decided to withdraw from the 2023 African Games hockey competition due to concerns regarding the poor quality of the pitch at Theodosia Okoh stadium in Accra. (more…)

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