The Copyright Act[1] is the legal framework in Ghana that protects the use of an individual's work once the idea has been physically expressed.

[2] It is a form of intellectual property that protects original works of authorship of literary, dramatic, musical and artistic works such as poetry, novels, movies, songs, computer software and architecture.

In 2005, the ministerial responsibility for copyright and related matters shifted to the Ministry of Justice.

[7] The Copyright Act is divided into 8 parts with 78 provisions: The first division of the Copyright Act deals with the works of authors that are eligible for the grant of copyright protection such as literary work, artistic work, among others as stated in Section 1 of the Act and Folklore as provided for in Section 4 and those works that would not be granted copyright protection namely ideas, concepts, procedures, methods or other things of a similar nature as in Section 2 of the Act, the rights that accompany authorship and the rights and obligations of producers.

According to Section 3 of the Act the copyright in a work shall be vested in the President for and on behalf of and in trust for the people of Ghana or an international body so long as the work in question is made under the control of the President on behalf and in trust for the people of the Republic or a specified international body.

Copyright can also be transferred either in whole or part by assignment, testamentary disposition or operation of law as identified in Section 9 of the Act.

[15] The moral rights of authors under Section 6 of the Act exist in perpetuity while the others mentioned above are limited to a certain time frame.

This is however subject to a mechanical royalty fee of not less than seven per centum which is to be charged on each copy and paid to the copyright holder.

[20] The enforcement mechanisms under the Act are in three legs: the security device for sound and audio visual recordings, importation of copyright works and the imposition of a levy on devices capable of reproducing copyright works.

The second aspect of enforcement, seeks to restrict the importation of copyright works without the owner's consent into the jurisdiction.

This levy is to be collected by the Customs, Excise and Preventive Service and paid into a fund established by the Minister for the benefit of copyright holders.

The invasion of which by any person who imports such devices, shall amount to an offense is liable on summary conviction to a fine of not less than two hundred and fifty penalty units or imprisonment for a term not exceeding twelve months.

Section 35 expressly provides for the limitation on economic rights of performers and broadcasting organizations.

[27] Authors, producers, performers and publishers are even allowed to form collective administration societies for the promotion and protection of their interest.

[38] When a position of a member becomes vacant, making that member unable to perform his or her duties under the office, the President will be notified by the Chairperson and the President with the aid of the Council of state appoint another person to serve the unexpired term.

[46] The fund that is created will be managed by the board will be used for the promotion and preservation of folklore and other local arts.

The funds for the operation of the Copyright Office are provided for in Section[52] 70 of the Act ad they include money approved by the Parliament for the office, donations, gifts and money received from any other source approved by the Minister for Finance.