Bring copyright abusers to court -
Minister of Justice
By Masahudu Ankiilu Kunateh, Ghanadot
Accra, July 31, Ghanadot -
Attorney-General and Minister of Justice, Mrs. Betty Mould
Iddrisu, has challenged journalists and
copyright owners whose
literary works have been illegally
assumed and used to go to court to seek redress.
She said even though authors of
creative works have their rights - both economic and patent
- protected by national laws and international treaties to
which Ghana has willingly accented, it
was time journalists tested the laws in the courts to
stop the flagrant abuse of
intellectual properties of others.
Mrs. Mould Iddrisu gave the challenge at a symposium on the
rights and responsibilities of the media under the Copyright
Law.
The symposium was organized by the Editors Forum in Accra,
the Ghanaians capital.
“I wish there were more lawsuits; I would encourage all of
you to use the courts… The courts have a primary function
and responsibility to interpret the law. We do not have
enough case law in the area of intellectual property… The
Judges need to expound on the law and that gives the law
richness, meaning.
"It
also would then serve as a guide to those of you
practitioners who use copyrighted works or who produce
copyrighted works. The problem is that intellectual property
is a private right. The right belongs to you the author or
you the producer. A state comes in to regulate the
unauthorized reproduction or taking; it is theft.”
the Minister stressed.
She said the law is so basic media practitioners are
required at all times to be guided by the simple principle
of attribution: “…One newspaper or one media house cannot
lift another reporter’s work verbatim, you can’t lift
another person’s footage and put it on as yours, basic! The
principles that guide media are what, attribution,
attribution, attribution… It means giving credit to the
source, basic.”
Mrs. Mould Iddrisu said stealing someone’s intellectual
property without the appropriate attribution is similar to
stealing someone else’s television set or jewelry from their
home, and remedies could be civil or criminal.
She said it is not enough for intellectual property owners
to complain about abuses or improper use of their works and
then look to the state to remedy the situation for them but
they should seek to enforce the protection of their rights.
The Copyright Administrator, Mr. Bernard Bosumprah, noted
that it is untrue for anyone to say that publications in the
new media (internet) are not covered by the copyright laws
because such publications automatically render the works
public domain material.
According to him, two Internet Treaties namely; WIPO
Copyright Treaty (WCT) and WIPO Performance and Phonogram
Treaty (WPPT), concluded in 1996 under the auspices of the
World Intellectual Property Organisation (WIPO) to respond
to the challenges of protecting and managing copyright and
related rights in the digital age, ensure that owners of
rights are protected when their works are disseminated on
the internet.
“It is an incontrovertible fact that we live in a world of
borrowing and personnel in the media all over the world
benefit in one way or the other from works of other media.
“But it is important that the use of any other person's work
must be accompanied by the corresponding authorization and
acknowledgement of the creator's original contribution to
knowledge, his ingenuity and power of creation. Plagiarism
amounts to unpardonable intellectual dishonesty or simply
put, stealing,” he stressed, and called for a better
collaboration between journalists and his office to ensure
their rights are protected and that they get fair reward for
their creativity.
Ms Ajoa Yeboah-Afari, and Mr. Emmanuel Dogbevi, Chairperson
and Secretary respectively of the Editors Forum shared
bitter experiences how certain print and online media
plagiarized their works, and sometimes offered flimsy
excuses why they indulged in the criminal act.
Mr. Dogbevi was particular about Daily Guide and Ghanaweb,
which he said had lifted his entire works but managed to
credit their staff for his work, or in instances when they
decide to give him credit, would present it as though he was
a staff of those media houses.
The two expressed hope the media terrain would not see the
situation degenerate further to warrant lawsuits but that
practitioners would be professional and ethical in their
work.
The General Manager (Newspapers) of the Graphic
Communications Group, Mr. Yaw Boadu-Ayeboafoh cautioned
journalists it is no excuse or defence before the law to
claim a publication found to be offensive under any law,
particularly defamation, was merely culled or plagiarized
from another medium. He said the author, original publisher
and the one culling the publication are all liable, and
should the aggrieved person choose, may decide to sue the
three parties or anyone of them.
Ghanadot
