Contributor: Cyril Samuel Dandison
Introduction
The twenty-first-century economy is powered not merely by oil, gold, or real estate but by ideas.[1] In Ghana, as across Africa, the creative and digital industries are fast emerging as critical engines of growth, employment, and international visibility.[2] Musicians, filmmakers, software developers, and content creators now occupy centre stage in the knowledge economy, contributing both cultural capital and commercial value. Yet, the sustainability of this progress rests on one decisive factor: the ability to protect and enforce intellectual property rights, especially copyright.[3]
Copyright law is more than a legal abstraction. It is the framework that secures creators’ ownership over their work, ensures they can reap financial reward, and safeguards their moral entitlement to recognition and integrity. For enterprises, particularly those in distribution, technology, and media, it provides the assurance that investments in creative assets will not be dissipated through piracy, unauthorised use, or weak contractual arrangements.[4]
In this article, I critically examine the contours of Ghana’s copyright law, highlight its implications for creators and businesses, and offer guidance on navigating its requirements.
Copyright Protection in Ghana
Copyright, in its essence, is the law’s recognition that an original creation deserves protection once expressed in a tangible form. Under Ghana’s Copyright Act, 2005 (Act 690) (as amended), the law does not demand the formality of registration before protection arises. The act of writing a song, recording a video, or designing software already triggers rights.[5]
Yet, in practice, registration with the Copyright Office of Ghana is indispensable. Why? Because enforcement thrives on proof. Courts and regulators rely on official records when disputes arise. Registration becomes the evidentiary anchor that prevents ambiguity and unnecessary litigation. To creators and enterprises alike, the message is clear: copyright may arise automatically, but it must be consolidated formally to withstand the scrutiny of commerce and the adversities of dispute.[6]
The law cast a wide protective net on literary works, musical compositions, sound recordings, artistic works, audio-visual productions, choreographic works, software, and even derivative creations such as translations. The inclusion of software and digital works reflects the law’s attempt to adapt to technological change, a recognition that creativity today often manifests through code and algorithms as much as through canvases and manuscripts.[7]
This breadth of protection is not merely academic; it is of immense commercial significance. Enterprises that invest in creative content, whether through music distribution, publishing, or software licensing, must carefully map which assets qualify for protection and under what terms. Ignorance of the scope of copyright is a costly misstep in an era where content circulates at lightning speed and across global platforms.[8]
A critical feature of Ghana’s copyright regime is its bifurcation between economic rights and moral rights. Economic rights empower the creator (or the rights holder) to exploit the work commercially, through reproduction, broadcasting, licensing, or adaptation. These rights are alienable: they can be assigned or licensed to others.[9]
Moral rights, however, are inalienable. They attach to the personality of the author; the right to be acknowledged as creator, and the right to object to derogatory treatment of the work. Even if a musician assigns economic rights to a record label, she retains the right to be recognised as author and to resist any mutilation of her work that diminishes her honour. This duality reflects a deeper jurisprudential truth: intellectual property is not purely economic; it is also personal and dignitary. The law seeks to protect not only the market value of creativity but also its moral and cultural integrity.[10]
Ownership, Duration, Enforcement, and the Trademark Distinction
The intricacies of copyright law in Ghana extend beyond the mere act of creation; they raise complex questions of ownership, longevity, enforcement, and the relationship with other forms of intellectual property. To grasp these dimensions is to understand the full architecture of rights and obligations that undergird the creative and digital industries.
Ownership Complexities of Copyrights in Ghana
At first sight, ownership appears straightforward, which simply means the individual who creates an original work is vested with copyright automatically. However, the reality is more nuanced. In the context of employment, for instance, the employer generally acquires the economic rights, reflecting the principle that the fruits of labour within contractual service belong to the master. The employee, nonetheless, retains moral rights, the enduring ability to be recognised as author and to resist distortion of the work.[11]
Commissioned works present even greater uncertainty. Here, the allocation of rights depends on the written agreement between the commissioning party and the creator. In the absence of such agreement, the law leans towards vesting both economic and moral rights in the creator. This means that without contractual precision, disputes inevitably surface: Does the producer or the artist control the master recording? Does the investor who finances the work have a stake? Does a client own the software code written by an independent contractor? Courts are left to untangle these conflicts at significant cost and delay. The lesson is unambiguous: contracts are not ornamental but foundational. They are the first line of defence in clarifying ownership and preventing costly disputes.[12]
Duration and Territorial Reach of Copyright in Ghana
The temporal dimension of copyright protection is equally critical. Ghana’s Copyright Act, 2005 (Act 690) (as amended) confers extensive protection, which is seventy years after the death of the author for individual works, or from the date of publication/creation for corporate and anonymous works. Folklore, however, enjoys perpetual protection, with custodianship vested in the State. This unique provision underscores the recognition that cultural heritage is a collective asset transcending individual ownership.[13]
Beyond national borders, Ghana’s membership of the Berne Convention projects its copyright regime into more than 180 jurisdictions. For creators in music, film, and digital content, this global reach is indispensable in an era of streaming platforms and instant online dissemination. Yet, reciprocity does not equate to simplicity. Enforcement in foreign territories requires navigating local legal systems and, often, engaging foreign counsel. The global recognition of rights must therefore be balanced with the practical burdens of transnational enforcement.[14]
Enforcement of Copy Rights in Ghana: From Right to Remedy
The law’s promise is hollow if not matched by effective enforcement. Piracy whether physical or digital remains the bane of creators, draining revenue and eroding incentives to innovate. Ghanaian law provides a suite of remedies, from civil litigation and injunctions to mediation at the Copyright Office. Digital platforms also offer takedown mechanisms, though these are reactive and often contested.
For creators and enterprises, the cardinal rule is proactivity. They must:[15]
- Register works with the Copyright Office.
- Affix copyright notices to signal ownership.
- Deploy contracts that unambiguously define rights and obligations.
- Monitor both physical markets and digital spaces for infringement.
- Pursue timely legal action where violations occur.
To remain passive is to invite exploitation. In copyright practice, vigilance functions as both armour and strategy, ensuring that rights do not wither in the face of infringement.
Copyright and Trademark: Clarifying the Divide
Finally, it is necessary to dispel the persistent conflation of copyright and trademark. The two are distinct species of intellectual property. Copyright protects the substance of creative expression, the song, the book, the film, the software code. Trademark, by contrast, shields the identity of trade; the name, logo, or slogan under which goods and services are marketed.[16]
For a music distribution company, copyright secures control of catalogues, recordings, and royalties, while trademark preserves the integrity of its brand in the marketplace. Both regimes are indispensable and complementary. To conflate them is to weaken legal armouries on both fronts. Sound legal strategy demands a dual approach: safeguarding the creativity itself through copyright, and protecting the business identity through trademark.[17]
Conclusion
Copyright law in Ghana is not an esoteric field reserved for academics and lawyers. It is a living framework that shapes the fortunes of artists, businesses, and the nation’s cultural economy. For creators, it safeguards recognition and income; for enterprises, it secures investments and fosters trust; for the economy, it encourages innovation and attracts capital.
Yet, the law is only as strong as the awareness and discipline of those it seeks to protect. Registration, contractual clarity, and proactive enforcement must become standard practice. To neglect these measures is to forfeit both value and dignity.
Reference
- ↑
- ↑
- Arts Connect Africa, “Protecting Africa’s Creative Future: Why Intellectual Property Matters and How ACA is Leading the Way” (Arts Connect Africa; 2025) Available @ https://www.artsconnectafrica.com/protecting-africas-creative-future-why-intellectual-property-matters-and-how-aca-is-leading-the-way/ accessed 25th August, 2025. ↑
- Ibis ↑
- S. Adams, “Intellectual property rights and copyright protection in Ghana” (GRIN; 2018) Available @ https://www.grin.com/document/470975 accessed 24th August, 2025. ↑
- Ibid ↑
- Maker Hybrand, “Intellectual Property Rights in Ghana: Safeguarding Innovation and Creativity” (Marker hybrand:2023) @ https://makerhybrand.com/intellectual-property-rights-in-ghana-safeguarding-innovation-and-creativity/ accessed 24th August 2025. ↑
- Ibid ↑
- Ibid ↑
- Ibid ↑
- P. Adusei, “Reflections on Intellectual Property Benefit-Sharing in Employment Situations in Ghana” The African Journal of Information and Communication (AJIC), Issue 19, 2016131 Available @ https://wiredspace.wits.ac.za/server/api/core/bitstreams/74eb4a6b-879b-4eaa-aecb-7cb0b2ae4bcf/content accessed 25th August, 2025. ↑
- Ibid ↑
- A. Kyemereh, “Understanding Copyright Protection In Ghana – For Content Creators And Businesses” (Firmus Advisory; 2025) Available @ https://www.mondaq.com/trademark/1628680/understanding-copyright-protection-in-ghana-for-content-creators-and-businesses accessed 24th August, 2025. ↑
- Ibid ↑
- Ghana Copy Rights Acts 2005 Available @ https://www.aripo.org/storage/resources-member-state-laws/1674643138_phpg6pgca.pdf accessed 24th August, 2025 ↑
- Supra Kyemereh13 ↑
- Ibid ↑
