l.L '1962
COPYRIGHT REGULATIONS, 20Hl
ARRANGEMENT OF REGULATIONS
Regulation
Registration of Copyright
Security Device ""
Levy on Devices Used for Reproduction of Copyright Materials
Operation of Colledive Administration Societies
COPYRIGHT REGULATIONS, 2010
Operation of Societies
Settlement of Disputes and Copyright Tribunal
COPVRIGHT REGULATIONS, 2010
SCHEDULES
IN EXERCISE of the powers conferred on the Minister responsible for Justice by sections 27, 49 and 74 of the Copyright Act, 2005 (Act 690) these Regulations are made this 25th day of January, 2010.
Registratioll ofCopyright alld Related Rights . "
Application for registration ofcopyright and related rights
1. (1) A person who has an interest in
Deposit of work
2. (1) An applicant for registration of copyright and related rights shall deposit:
COPYRiGHT REGULATIONS, 2010
complete ph ono grams of the best edition and any printed or perceptible material published with the phonograms;
.of the copyright or related right.
Registration of copyright and issue ofcertificate
3. (1) On receipt of the application for registration of copyright or related right, the prescribed fee and a deposit of the work, the Copyright Administrator shall within two weeks after the receipt determine whether the work is a subject matter for registration or not and in writing inform the applicant accordingly.
(2) Where the Copyright Administrator det~rmines that a deposited work is a subject matter for registration, the Copyright Administrator shall issue a certificate of registration of copyright or related rigllt to the applicant within two weeks after informing the applicant that the work is a subject matter for registration.
Effective date for registration ofcopyright or related right
4. For the purpose of these Regulations, registration of a copyright or related right takes effect on the date of the registration.
Security Device
Designation or choice and approval of security device
5. (1) The Minister in consultation with the Copyright Monitoring
Team shall designate and approve a security device to be affixed to .: sound recordings and audiovisual works.
5
COPYRIGHT RFGULATlONS, 2010
6. A person shall not sell, rent, lend or otherwise distribute to the public for commercial purposes a sound recording or an audiovisual work unless the sound recording or audiovisual work has a security device approved by the Minister affixed to it.
7. (1) Subject to subregulation (5), a person who manufactures, produces,
l.L 1962 6
COPYRIGHT REGULATIONS, 20}O
reproduces or imports a sound recording or audiovisual work for sale, rental, lending or otherwise for distribution to the public, shall apply to the Minister for approval to purchase a security device as specified
H
the Form C of the Second Schedule.
Grant of approval and purchase of security device 8, The Minister on being satisfied that the applicant is entitled to affix a security device shall grant approval to the applicant
Obligation to affix security device
7 L.1. 1962
cornUGHT REGULATIONS. 20/0
9. (1) Where a manufacturer of a copyright work that requires a security device is not using an alternative security device chosen by that manufacturer, the manufacturer shall send the work to the Internal Revenue Service to have a security device affixed to the work by the Copyright Monitoring Team or a representative of the Copyright monitoring team.
(2) Where it is considered impracticable for the work to be sent to the Internal Revenue Service, a member or representative of the Copyright monitoring team may supervis'e the fixation of the security device for the applicant at the place of manufacture or production of the audiovisual work or at the point of entry in the case of an imported work.
Where to affix security device
10. A member or representative of the Copyright monitoring team shall affix the security device where applicable
Records to be kept by person given approval
11. A person who receives approval from the Ministel a.ffix a security device shall keep records in the manner determined by the Minister.
Enforcement of use of security device
12. (l) The monitoring team established under section 50 of the Act is responsible for the enforcement of the use of a security device.
COPYRIGHT Rf<.'GULATIONS, 2010
may request identification from members of the team and the members of the team shall satisfy the request.
Offences related to security device
13. (1) A person who purchases, rents or borrows a sound recording or audiovisual work which does not have a security device or other protection method approved by the Minister affixed to the sound recording or audiovisual work commits an offence under section 25 (4) of the Act.
Levy on devices used for Reproduction of Copyright Materials
Imposition of levy
14. There is imposed on the devices specified in regulation 15, capable of being used to copy copyright works, a levy of twenty percent of the cost, insurance and freight value of the devices.
Devices to be levied
15. For the purpose of regulation 14, the devices to be levied include (aJ video and audio cassettes with integral storage like
COPYRIGHT REGULATIONS, 2010
(iii) DVD-R/RWs set top boxes;
Liability to pay levy
16. (1) A person who
Exemption from payment oflevy
17. (1) The levy imposed in Regulations 15 and 16 do not apply to
L.I. 1962 10
COPYRIGHT REGULATIONS, 2010
(d) other materials which the Minister may exempt by legislative instrument.
Fee on reprographic reproduction
18. (1) A reprographic rights collecting society shall determine a fee in respect of photocopying of works protected by copyright and related rights by educational institutions and any other outlets where reprography is carried out commercially.
Distribution oflevies paid
19. (1) The Minister shall distribute the levies collected in furtherance ofregulation 14 as follows:
11 L.t. 1962
COPYRIGHT REGULATIONS, 2010
(3) Each society shall set out rules to distribute the allocation made to the society to its members..
Operation of Collective Administration Societies
Operation of society without approval prohibited
20. (1) A person shall not operate a Collective Administration Society without the approval of the Minister in writing.
(2) Where a society operates in furtherance of copyright and related rights without approval, each member of the governing body of the society and every director, manager, secretary or similar officer of the society is deemed to have commited the offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or imprisonment to a term of not more than twelve months or to both.
Application for approval
21. (1) An application for approval to operate as a society shall be made to the Minister in the form specified in the Fourth Schedule.
(e)! accompanied with a fee determined by the Minister in y consultation with the Minister for Finance.
Grant of approval
22. (1) In furtherance of processing the application, the Minister may cause an audit or inspection of the applicant's records and facilities to be conducted for the purpose of verification.
L.I. 1962 12
COPYRIGHT REGULA 110NS, 2010
(4) The approval or refusal shall be communicated by the Minister within twenty-one days after the receipt of the application for approval.
Conditions for approval
23. The Minister shall not grant approval for a society to operate unless that society
and each member has at least one published work or holds the entire economic rights on one published work.
Duration, renewal and revocation of approval
24. (l) A grant of approval to a society is for a period of five years and is renewable every five years. '
13 L.1. 1962
COPYRIGHT REGULATIONS, 2010
for a hearing to determine whether or not the approval of the affected society deserves to be revoked;
Display of approval
25. (1) A society granted approval shall display
Gazette notification of approval
26. The Minister shall cause to be published in the Gazette a list of collective administration societies that have been approved to operate under these Regulations.
Operation of Societies
Maintenance of offices and officers
27. A society approved under these Regulations shall maintain offices and officers in
Maintenance ofregist~r
28. (1) Each society shall keep and maintain at its offices
14
L.I. 1962
COPYRIGHT REGULATIONS, 2010
this regulation to the Minister for inspection at the end of each calendar year.
Powers and rights of societies
29. (1) A society approved under these Regulations may on behalf ofits members
Obligation of a society to its members
30. A society approved under these Regulations shall
15 L.t. 1962
COPYRIGHT REGULATIONS, 2010
Meetings of ~ocieties
31. A society approved under these Regulations shall keep records of the minutes and decisions of its meetings in a form that the society determines.
Accounts and audit
32. (1) Each society shall
(3} Each society shall submit returns ofits accounts to the Minister annually and at other periods that the Minister may determine.
Annual report
33. A society approved under these Regulations shall prepare and submit to the Minister within four months after the end of the year an annual report which shall include
Inspection ofrecords and facilities
34. The Minister or a person authorised by the Minister may conduct an inspection of the records and facilities of a society that the Minister considers necessary for the enforcement of these Regulations.
Works Declaration Form A
35. Pursuantto section 39 ofthe Copyright Act 2005, (Act 690), members of a society shall complete the Works Declaration Form A set out in the Fifth Schedule to these Regulations.
Performance licence
L.I. 1962 16
COPYRIGHT REGULATIONS, 2010
36. A person who intends to perform the work of an author or cause the work of the author to be performed in public or do any act in respect of work protected under the Copyright Act, 2005, (Act 690) shall apply to the appropriate society for a licence for the performance of the work,
Application for performance licence
37. (1) An application to use or perform a work shall be as set out in Form 1 in the Fifth Schedule to these Regulations.
. more than one hundred penalty units or to a term of imprisonment of not more than six months or to both.
Settlement of Disputes and Copyright Tribunal
Settlement of disputes
38•. ~1) Where a report is made to the Copyright Administrator under
section 48 (2) of the Act, the Copyright Administrator shall fix a date to
hear the parties to the dispute.
17 L.I. 1962
COPYRIGHT REGULATION5,', 20]()
percent of the amount recovered to the Copyright Office.
Powers of the Tribunal
39. (1) The Copyright Tribunal'may hear disputes
Disputes related to licensing schemes
40. (1) For the purpose of these Regulations, the Tribunal shall exercise jurisdiction over licensing schemes
18
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COPYRIGHT REGULATIONS, 2010
(iii) cable programme, or
(iii) computer software whether or not operated by a licensing body related to licences for the rental of copies to the public.
Disputes related to licensing bodies
41. (1) The Tribunal has jurisdiction over licences issued or offered by licensing bodies in the absence of an applicable licensing scheme.
(2) Sub-regulation (1) of this regulation does not apply to a licence granted by a copyright owner who is not a licensing body.
Procedure
42. (1) The Tribunal shall conduct its proceedings in accordance with Order 4 mle 1-7, 11-14 and Order 63 of the High Court (Civil Procedure) Rules, 2004, Constitutional Instrument 47 with the necessary modification.
Review
43. The Tribunal may review its decisions on its own or on application by an aggrieved party.
Fees .
44. The Tribunal may charge fees for its services.
Offences
45. (1) Where a penalty has not been stipulated for an offence, a person who contravenes a provision of these Regulations commits an offence and is liable on summary conviction to a fine of not less than one hundred
19 L.I. 1962
COPYRIGHT REGULATIONS. 2010
and fifty penalty units and not more than five hundred penalty units or ~o a term of imprisonmept of not more than two years or to both.
Interpretation
46. In these Regulations unless the context otherwise requires
"Act" means the Copyright Act, 2005 (Act 690);
"channels of commerce" include
(e) premises where sound recordings, musical and audiovisual works and other copyright and related rights works are sold or made available to the public;
"court" means a court of competent jurisdiction; "inlay card" means
"licensing body" means a society or organisation that has as its main object the negotiation or grant of copyright licences
L.1. 1962 20
COPYRIGHT REGULATIONS, 2010
for works of more than one author either as
(e) agent ofowner or holder ofCopyright or related right; "monitoring team" means the Copyright Monitoring Team established in section 50 of the Act; "premises" include a shop, an open space, a road, lane and path; "security agency" includes the Police, Customs, Excise and Preventive Services and Bureau of National Investigation;
"society" means a collective administration society licensed under these Regulations.
21 L.1. 1962
COPYRIGHT REGULATIONS. 20]0
FIRST SCHEDlJLE
APPLICATION FOR COPYRIGHT REGISTRATION
FORI\:l C
(regulation 1 (2))
APPI1CATION FOR COPYRIGHT REGISTRATION
APPLICATION N1II\IBE:R
DATE OF APPLICATION
N°·
for use by individuals
APPLICANTS COpy ONLY
DO NOT WRITE ABO\'E THIS LINE. IF YOU NEED MORE SPACE. lISE CONTINUATION SHEET (FOR" CR/AeR·cS)
NATURE OF DEPOSIT:TITLE OF WORK (COMPILATION)
DEMO
PREVIOUS OR ALTERNATI\,E TITLE (if an)')
PlIBLlSHED
A
MANlISCRIPT
TYPE OF DEPOSIT: TITLES Dl'RATION
INDICATE WORKS llNDER TilE COMPILATION: CASSE'ITE COMPACT DISC LONG PLATE
(If Composers/Author(s) of the titles listed above are
B
CIl ROM
different from the applicant complete stction G) I\IANllSCI
.,.
NOTE: UNDER TilE LAW THE "A lITIIOR" of a work made for hi,. is the employer (Copyright Act. 2005. Act 690 SEC. 7), If any part of this work was made for hire or in the course of your employment check "YES" and give the name of the employer as Author and leave space for date blank including a copy of the contract for employment.
IS THIS WORK MADE FOR HIRE? YES ................... NO ..................
NAME OF APPLICANT (print surname first)
NAME OF BAND (if registration is being made in the
name of a band)
,
(You are required to add the list of composers)
OR (Domiciled in................................... " .........
Citizen of ....................................................... )
AUTHOR'S NATIONAI.ITY
(name of countr)') (name of country)
DATE AND PL\cE OF FIRST PUBLICATION
D
DATE: MONTH .............. DAy ............ YEAR ..........
YEAR IN WIIICH WORK wAs COMPLETED
PlACE: ...............................................................................
YEAR ........... _ .......................................
(Complete only if work is published)
(This portion must be completed)
E
NAME AND ADDRESS(ES) OF COPYRIGHT Cl.AIMANT(S)
GHANA COPYRIGHT OFFICE, P.M.B. MINISTRIES. ACCRA, GHANA.
L.I. 1962 22
COPYRIGlIT REGULATIONS, 2010
F | TRA:'I:SFER (if the copYright claimants) named above are different from the author give a brief statement of how the claimant obtained ownership of the copyright) REF CS. |
G | RE-ARRANGEMENTS AND ADAPTATION If any of the works listed above were either of folkloric origin, re-arranged or adapted by applicant. Kindly list them here providing their original authors/composer if known. I 2 3 4. TIfLE COMPOSER |
6 | |
H | PRODlJCERlPlIBLISIIER NAME (Firm/Co /P~rson) LABEL/PRODUCTION MARK ADDRESS |
PREVIOUS REGISTRATION • Has registration for this work, or an earlier version of this work been made in the copyright office? YES... . NO .. If YES, why is another regi::;tration bemg sought? (Check the appropriate box) ( ) l'hi:s is the ticst publi::;hcd ~dJtjon of the wor"-prc\iou:,ly registered In unpublished demo fonn ( ) This is the tirSI application submllted by thi.s author as Copyright claimant ( ) ThiS is a changed version of the work. If your answer is YES give the following Illfonnalion Previous Regisu·auon munber .. Year ofRegistration .. Were you issued with a certificate Yes .. No .. If Yes glvcthc Ct.:atifil.:ate Nwnbt!r .. ....... | |
DERIVATIVE WORKS | COI\II'ILATlON cm DERIVATIVE WORKS (Read the Instructions) MATERIAL ADDED TO THIS WORK (Give a brief statement of the material added) ......... |
23
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COPYRIGHT REGULATIONS, 2010
K C'INEMATO GRAPHY | CINEMATOGRAPIIIC WORKS VIDEO FORMAT I I CELLULOID I I NAME OF SCRIPT WRITER ADDRESS. NAME OF PRODUCER ADDRESS. DO YOU HAVE ABOVE NAME CONSENT BEFORE FILMING THE SCRIPT YES NO (You are required to provide docu~entary evidence in all cases) Number of Performers. (kindly provide the documentary agreements) | |
---|---|---|
CERTIFICATION: .. I, the undersigned, hereby certify that I am the (Tick one) ( ) author/composer ( ) producer/publisher ( ) O\Hlcr of execJusive rig:ht OR ( ) authorised agent of: (name of author/other copyright claimant/exclusive right Q\\l1er) Hand\\ntten signature (x) .... Typed or printed name Date | ||
STAMP OF RECEl\'ING OFFICE |
LI. 1962 24
COPYRIGHT REGULATIONS, 2010
SECOND SCHEDULE
REPlJBlJC 01-' Glt\N·\
APPLICATION FOR APPROVAL OF SECURITY DEVICE (regulation 5 (3))
FORM A
ANTI-PIRACY
APPLICATION FOR THE APPROVAL OF SECURITY DEVICE
Name ofProducer
Address
Title of work for which approval of security device is being sought 1...________-'
Security device required
Name(s) ofauthor(s) ofwork
Has the producer obtained the consent of the author/composer to produce and/or reproduce the work?
Yes
D NoD
I1We declare on my/our honour that the infonnation given above is true to the best ofmy/our knowledge and beliefand that any misinfomiation given by me/us renders my/our application null and void.
Day Month Year
Applicant s signature *A"thori=ation from the author/right owner of the work to produce the said work{s) for which the approval
for upp!icaIion vf security del'it.,:e is being soughl must be attached.
25 L.I. 1962
COPYRIGHT REGULATIONS, 2010
SECOND SCHEDULE
ItEPUBUC OF GHANA
GRANT OF APPROVAL FOR SECURITY DEVICE
(regulation 5 (4))
FORM B
ANTI-PIRACY
In case of reply the number and date of this letter should be quoted.
Day Month Year
Our Ref No. 1I-________-' Date: 1L...-_-1-____.L.-_--'
Your Ref. No. LI________-'
APPROVAL OF SECURITY DEVICE FROM (COMPETENT AIJ1HORITY) lR.S.
Approval is hereby given to 1....___________________...... for
of '--_____--'lsecUfity devices
L-I_______-'
numbered I...___-'Itol....___-,Iin respect of the sound/audiovisual recording(s) of
'--_______________--..-Ilentitled 1....________..... from the (competent device issuing authority) 1-1
_____________---'
LEOAL OFFICER
Note: Security devices are not transjerablefrom one work to another.
L.1. 1962 26
COPYRIGHT REGULATIONS, 2010
SECOND SCHEDULE
REPUBUC OF GlL\NA
APPLICATION FOR PURCHASE OF SECURITY DEVICE (regulation 7 (1))
COPYRIGHT OFFICE (ANfI-PIRACY)
FORM C
APPLICATION FOR lHE PURCHASE OF SECURITY DEVICE
Name ofProducer
Address
Title of work for which security device is being procured
No ofsecurity' device required
Name(s) ofauthor(s) ofwork
Has the producer obtained the consent of the author/composer to produce and/or reproduce the work?
Yes D
I1We declare on my/our honour that the information given above is true to the best of my/our knowledge and beliefand that any misinformation given by me/us renders my/our application null and void,
Day Month Year
Declared at
~__________~Ionl~__~______~____~
Applicant:~ signature
• Authorization from the author/right owner of the work to produce the said work(s) for which the approval for application of security device is being sought mu,t be aI/ached.
27
L.I. 1962
COPYRIGHT REGULATIONS, 2010
THIRD SCHEDULE
REPlIBUC OF GHAN.~
GRANT OF APPROVAL FOR PURCHASE OF SECURITY DEVICE (regulation 8)
COPYRIGHT OFFICE (ANTI-PIRACY)
FORM D
In case of reply the number and date of this Iener should be quoted.
Day Month Year
Our Ref. No. --l -L_--l
L-I_______
Date: L-I_---JL--___
Your Ref. No. 1-1
________-'
APPROVAL TO PURCHASE SECURITY DEVICE FROM (COMPETENT AUTHORITY) I.RS.
Approval is hereby given to L-I___________________....J
of 11-________...1 to purchase ....JI security devices
L-I______
numbered ...Jlt0L-I-----'1 in respect oflhe sound/audiovisual recording(s) of
L-1___
L--_______________--'Ientitled
1-1________......
from the (competent device issuing authority) 1
'----------------'
COf!YRIGlITILEGAL OFFICER
Note: Security devices are not transferable from one work to another.
L.f. 1962 28
COPYRIGHT REGULATIONS, 2010
FOURTH SCHEDULE
APPLICATION FOR APPROVAL TO OPERATE A COLLECTIVE
ADMINISTRATION SOCIETY
(regulation 22)
APPLICATION FORM
I. Name ofthe Society ................................................................................................................ .
0
D
ciii) Audiovisual
0
(iv) Literary
0
(v) Others 0
6. We the undersigned hereby declare that the infonnation provided above is accurate to the best of our knowledge.
i Signature
Full Name
Position
ii. Signature
29 L.I. 1962
CO'PYR1GHT REGULATIONS, 2010
FullNarne Position
FOR OFFICIAL USE
Comments
L.I. 1962 30
COPYRIGHT REGULATIONS, 2010
FIFTH SCHEDULE
FORMS NAME AND EMBLEM OF COLLECTING SOCIETY
WORKS DECLARATION FORM (FORM A)
(regulation 35)
TITLE: ......................... ~.:......................! .•..... SUBTITLE: ................................................. . TEMPO: ...................................................... . DESIGNATION SURNAME FIRST NAME COMPOSER ARRANGER(S) PRODUCER PUBLISHER LYRICIST | FOR OFFICE DURATION: ............................ USE ONLY YEAR OF RELEASE: ............ WORK CODE: DESC. ....................................... File Ref: Genre: PSEUDONYM. LABEL MARK SHARE PR MR |
---|
This is an ORIGINAL WORK
D RE-ARRANGED WK D FOLKLORE
D
SIGNATURE: ................................. .
NAME: ............................... : ...............
REF. OVERLEAF
(For detailed explanation)
31 L.1. 1962
COPYRIGHT REGULATIONS, 2010
NAME AND EMBLEM OF COLLECTING SOCIETY
APPLICATION FOR PUBLIC PERFORMANCE LICENCE
FORM 1
(regulation 37 (l)) No................ . lIWe ......................................................................of.......................................................................... . require a licence to use/perform cause to be performed audiovisual work/Drama/Concert or any other work which is protected by copyright at a .................................................................. . Uwe intend to organise the Performance at ............................................... : ................... : .......... .
: Date of , P~formance | Nature of Performance | Place of Performance | Seating Capacity | Gate Fee | Time |
---|---|---|---|---|---|
I1We agree that based on the licence given me by ................................ (name of collectmg society) upon the above information which I certify to be true, I shaD pay ..................................... (name ofcollecting society) a rnin.imum deposit of.................................... . I agree that within 7 days of the performance I shall pay a balance based on ..................... . percent of the daily gate proceeds.
I certifY that the above information is true to the best of my knowledge and belief.
DATE:
SIGNATURE OF APPLICANT
(NAME AND ADDRESS OF COLLECTING SOCIE1Y)
r
.
....
CD 0')
N
NAME AND EMBLEM OF SOCIETY | ||
---|---|---|
FORM D | (j | |
(regulation 37 (5) | ~ | |
MONTHLY RETIJRNS OF WORKS USED OR PERFORMED | ~ | |
Name of User or Perfonnance of Work Date: .............................. . Time-From: | Type of use or Perfonnance ........................................... . To:................ Compiler/Producer: | ~ |
Title ofWork Work Origin Type of Work Creator/Composer/ ProducerlPublisher Author
~
I/We declare onlour honour that the return of works stated above as broadcasted were actually broadcast to the best of myI
our knowledge and belief.
DATE: ............................. MANAGER OF USER OR PERFORMER .................. , ... SIGNATURE:
RETURN COMPLETED FORM TO (NAME OF SOCIETY) WITHIN 7 DAYS OF THE USE OR PERFORMANCE
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EXPLANATORYNOTES:
I. ITEM
Chronological numbering.
A typical example below:
ITEM
I.
2.
J
TITLE OF WORK
DURATION
MUSIC ORlGIN
Agya woo nkoa
4.00
L
Jesus Loves me
2.40
F
Kpanlongo
0.30
L
God is great
1.50
L
.. _--L..-. ---------_____
MUSICTVPE H C H G
MUSIC CODE
F
B
S
X
COMPOSER Solomon Ofosuware Whitney Houston Nakorex Jonathan Cudjoe
PRODUCER
E.G. Omane w.H.lCitirock Nakorex COSGA
-
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Cl
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"--l :;.;,
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Cl VJ
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-
....10.
CO
en
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GOVERNMENT PRINTER, ASSEMBLY PRESS COMPANY LTD., ACCRA. GPCLlAI33/350/3/2010
Website: www.ghanapublishingcompany.com E-mail: info@ghanapublishingcompany.com