Musicians Petition President Kuffour

The Coalition of Concerned Copyright Advocates, whose members are top Ghanaian composers and musicians, have petitioned the President, Mr. J. A. Kuffour, to withhold his assent to the Copyright Bill.

In a letter to the President, copied to the media, the coalition among others, objected other things, objected to Clause 25 of the bill which states.

“A manufacturer, importer or publisher of sound or audio visual recording shall on the approval of the Minister, purchase security device from the Internal Revenue Service as may be required to cover the number of copyright works the manufacturer, importer or publisher intends to sell or distribute”.

“A person who sells or exhibits for sale a copyright work without a security device obtained from the Internal Revenue Service affixed to its commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units”.

The coalition noted that clause 25 is “an imposition and encroachment on our fundamental human rights and freedoms.”

“It takes away our very basic freedom and right to choose what system to adopt to protect our privately funded and owned intellectual property”.

“Your Excellency, this is analogous to an owner of real property like a house being forced to employ a security person from a designated security company, leaving him/her no option to choose what security system he/she finds appropriate e.g. electronic device, dogs, watchmen, prayer, etc,. without which he/she will be punished as a criminal”.

The musicians also noted that clause 25 is discriminatory and inconsistent with Ghana’s Constitution.

“Creative works under copyright law include music, books, paintings, films, sculpture among others, book authors, publishers, etc. are free to choose their own unique security systems to protect their property from pirates. Yet owners of musical and audio visual works are being denied this same right, and are compelled by law to use this security device or be convicted as criminals”.

The letter observed that clause 25 is extortionate and deceptive and clause 25 violates ratified international conventions.

“Ghana became signatory to the Berne Convention, the world’s preeminent Copyright treaty on October 11, 1991 (Paris), Article 9 (1) of which states:”

Authors of literary and artistic works protected by this convention shall have the exclusive right of authorizing the reproduction of their works in any manner or form.

“Clause 25, thus obstructs the author’s exclusive right to reproduce and sell their original works in any manner or form, as without the so called security device all such original works i.e. CDs, cassettes, etc. will be declared pirated, and their legal owners arrested, prosecuted and punished as criminals”.

“Mr. President, this compulsory security device system will create a situation where innocent will be victimized. This is contrary to the principals underpinning our entire legal system”.

“We plead with you to investigate this matter carefully, in line with your reputation for thoroughness and fair-play, and we believe you will be totally convinced on the inappropriateness of this odious clause”, the letter bemoaned.

The petition was signed by Mr. Carlos Sakyi, President and Spokesman of the coalition. Other signatories were Kwaku Sintim Misa, Prof. John Collins (Head of Music Depts. University of Ghana), Khodjo Aqual, Talal Fatal, Dr. William Anku (Legon), Rex Omar and Amandzeba Nat Brew.

The rest are Shasha Marley, Slim Busterr, Nana Kwame Ampadu, Paapa Yaw Johnson, Francis Mensah-Twum (of GAP), Panji Anoff, K. Aduse-Poku, Eric Antonia and Stan Plange.

The Coalition of Concerned Copyright Advocates, whose members are top Ghanaian composers and musicians, have petitioned the President, Mr. J. A. Kuffour, to withhold his assent to the Copyright Bill.

In a letter to the President, copied to the media, the coalition among others, objected other things, objected to Clause 25 of the bill which states.

“A manufacturer, importer or publisher of sound or audio visual recording shall on the approval of the Minister, purchase security device from the Internal Revenue Service as may be required to cover the number of copyright works the manufacturer, importer or publisher intends to sell or distribute”.

“A person who sells or exhibits for sale a copyright work without a security device obtained from the Internal Revenue Service affixed to its commits an offence and is liable on summary conviction to a fine of not less than 500 penalty units”.

The coalition noted that clause 25 is “an imposition and encroachment on our fundamental human rights and freedoms.”

“It takes away our very basic freedom and right to choose what system to adopt to protect our privately funded and owned intellectual property”.

“Your Excellency, this is analogous to an owner of real property like a house being forced to employ a security person from a designated security company, leaving him/her no option to choose what security system he/she finds appropriate e.g. electronic device, dogs, watchmen, prayer, etc,. without which he/she will be punished as a criminal”.

The musicians also noted that clause 25 is discriminatory and inconsistent with Ghana’s Constitution.

“Creative works under copyright law include music, books, paintings, films, sculpture among others, book authors, publishers, etc. are free to choose their own unique security systems to protect their property from pirates. Yet owners of musical and audio visual works are being denied this same right, and are compelled by law to use this security device or be convicted as criminals”.

The letter observed that clause 25 is extortionate and deceptive and clause 25 violates ratified international conventions.

“Ghana became signatory to the Berne Convention, the world’s preeminent Copyright treaty on October 11, 1991 (Paris), Article 9 (1) of which states:”

Authors of literary and artistic works protected by this convention shall have the exclusive right of authorizing the reproduction of their works in any manner or form.

“Clause 25, thus obstructs the author’s exclusive right to reproduce and sell their original works in any manner or form, as without the so called security device all such original works i.e. CDs, cassettes, etc. will be declared pirated, and their legal owners arrested, prosecuted and punished as criminals”.

“Mr. President, this compulsory security device system will create a situation where innocent will be victimized. This is contrary to the principals underpinning our entire legal system”.

“We plead with you to investigate this matter carefully, in line with your reputation for thoroughness and fair-play, and we believe you will be totally convinced on the inappropriateness of this odious clause”, the letter bemoaned.

The petition was signed by Mr. Carlos Sakyi, President and Spokesman of the coalition. Other signatories were Kwaku Sintim Misa, Prof. John Collins (Head of Music Depts. University of Ghana), Khodjo Aqual, Talal Fatal, Dr. William Anku (Legon), Rex Omar and Amandzeba Nat Brew.

The rest are Shasha Marley, Slim Busterr, Nana Kwame Ampadu, Paapa Yaw Johnson, Francis Mensah-Twum (of GAP), Panji Anoff, K. Aduse-Poku, Eric Antonia and Stan Plange.