Ghana: GHAMRO wins copyright case against telcos

The ruling was delivered on 10 March and the development was made public in a statement released by the collective management organisation (CMO) last week. It follows a case that MUSIGA brought to the high court in 2016 in which the CMO argued that the telcos’ failure to obtain user licences for downloads via the companies’ various networks and the performance of musical works to the public constituted a copyright infringement.

The court granted the reliefs GHAMRO sought, including damages for breach of copyright and the payment of 10% of the royalties on the revenue generated from music downloads and uses since 2012.

The court also ruled that in instances where artists had already assigned their public performance rights to GHAMRO, “the artists themselves are not the proper persons to receive the royalties and no agreement will preclude GHAMRO from commencing an action to recover the royalties due to it.”

In that respect, the court awarded 60 000 Ghanaian cedi (about $10 500) against each of the telcos to GHAMRO.

GHAMRO has now expressed appreciation for the support it received during the trial. “This landmark case has situated GHAMRO to affect the licensing of the use of music in public performances by the telcos and by extension other users of musical works of its assigned repertoire,” it said.

GHAMRO last month appointed a five-member interim board during an extraordinary meeting in Kumasi pending the election of a new board. This after the GHAMRO election committee failed to hold the election since coming into power in October. In April, GHAMRO told Music In Africa that the board’s election would take place on 5 May after multiple delays, but it was postponed yet again.

According to the GHAMRO constitution, the election committee is given 90 days from the date it assumes office to hold an election for a new board, which must not exceed seven members. The board must comprise three composers, one publisher, two performers and a producer of sound recordings. The interim board includes Rex Omar as chairperson, Diana Hopeson, Ahmed Banda, Augustina Addison and Abraham Kofi Boakye.