Ghana's Creative Sector under Ama Ofeibea Tetteh: Protection and Management of Intellectual Property Rights
Kickin' it with Intellectual Property in Ghana
Hey there, buddy! You've likely heard the term 'intellectual property' popping up more often, especially if you're into the arts or business. But what exactly is it, and why should you care?
Well, according to the World Intellectual Property Organisation (WIPO), intellectual property (IP) refers to the "creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce." You might be surprised that even your weird cat meme is subject to laws, regulations, and disputes, just like tangible property. This is where intellectual property law comes in, shielding these intangible assets through patents, copyright, and trademarks.
Chatting with Carla Olympio
To delve deeper into IP law in Ghana, I had the pleasure of chatting with Carla Olympio, founder, and managing partner of Agency Seven Seven based here in Ghana. They offer a wide range of professional services to small and medium-sized enterprises (SMEs), creatives, start-ups, and even brand management. Their conversation sheds some light on the importance of IP in the creative and business world.
Carla emphasized that in everything, the law plays a crucial role, and this is especially true for creatives intent on operating professionally rather than as a hobby. Once your creative output starts generating income, it's essential to consider the same legal factors as any other business.
In Ghana, the primary regulations related to IP include the Copyright Act, 2005 (Act 690), the Patents Act, 2003 (Act 657), the Trademarks Act, 2004 (Act 664), the Industrial Designs Act, 2003 (Act 660), and the Protection Against Unfair Competition Act, 2000 (Act 589).
Strengthening IP Frameworks in Ghana
Back in 2016, the government launched the National Intellectual Property Policy and Strategy campaign to strengthen the deployment and enforcement of IP frameworks and raise awareness. However, activity seems to have slowed, and many still argue that implementation is weak and there's much work to be done around valuing these assets.
Raising awareness is key to understanding the value of intellectual property. Carla points out that just like a builder needs to show good title to land before securing funding, creators should also have the rights to their intellectual property shown and protected to attract support. It's an intangible property, but by law, it counts as property.
Local Perspectives on IP
The culture and society in Ghana can sometimes struggle with the concept of ownership and protection when it comes to creativity. Copying and piracy are common, and in some cases, seen as a form of homage to the original. However, establishing ownership means that the property cannot be used without appropriate permission and payment. Carla encourages artists and creatives to inform themselves, get involved in rights organizations like GHAMRO or ASCAP, and protect their work.
Thinking Globally
When venturing into foreign markets, it's essential to research and ensure your intellectual property is adequately protected. In other cases, artists and creatives may find themselves thrust onto the global stage through digital channels, making it vital to protect works and business interests on a global scale.
Recently, Ghanaian Hiplife icon Obrafour sued Canadian Hip Hop star Drake for $10 million in damages for unauthorized use of a sample without permission, highlighting the complexities of enforcing intellectual property rights, especially in the music industry.
In conclusion, intellectual property issues are a global concern, but being well-prepared, understanding your rights, registering your works, and having well-written contracts can help protect your creative interests in Ghana's evolving IP environment.
About the Author:
Ama Ofeibea Tetteh is a Creative Consultant and founder of Chapter54, a boutique consultancy that helps strengthen African creative economies through research and programming. You can connect with Ama via [email protected] or on LinkedIn (www.linkedin.com/in/ofeibea).
- The market for intellectual property is growing, especially in the arts and business sectors.
- Understanding intellectual property (IP) is crucial for anyone generating income from creative output.
- WIPO defines intellectual property as creations of the mind, including inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
- Even non-traditional assets like cat memes are subject to IP laws and regulations.
- Intellectual property law protects intangible assets through patents, copyright, and trademarks.
- Carla Olympio, founder of Agency Seven Seven in Ghana, emphasizes the importance of the law, especially for professional creatives.
- In Ghana, primary IP laws include the Copyright Act, the Patents Act, the Trademarks Act, the Industrial Designs Act, and the Protection Against Unfair Competition Act.
- The government launched a campaign in 2016 to strengthen IP frameworks and raise awareness, but implementation has been slow.
- Raising awareness about the value of intellectual property is essential for creators to attract support and funding.
- Homage, copying, and piracy are common in Ghanaian culture and society, but establishing ownership is necessary to protect intellectual property rights.
- Rights organizations like GHAMRO and ASCAP provide resources for artists and creatives to protect their work.
- When venturing into foreign markets, it's essential to research and protect intellectual property to prevent unauthorized use.
- Digital channels can thrust artists and creatives onto the global stage, making it vital to protect works and business interests on a global scale.
- Ghanaian Hiplife icon Obrafour sued Canadian Hip Hop star Drake for $10 million in damages for unauthorized use of a sample, highlighting intellectual property rights complexities, especially in the music industry.
- To protect creative interests in Ghana's evolving IP environment, it's essential to be well-prepared, understand rights, register works, and have well-written contracts.
- Ama Ofeibea Tetteh is a Creative Consultant and founder of Chapter54, which helps strengthen African creative economies through research and programming.
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