Protecting Creativity - Legal Ink in association with Clyde & Co. | law firm in Accra & Kumasi Ghana | Ghana corporate law firm

Protecting Creativity: How Copyright Law Safeguards Ghana's Artists And Innovators

May, 2026

Introduction

Imagine discovering your song being used in a major promotional campaign online—without your permission and without payment. For many creatives, this is not hypothetical; it is a lived experience. In an increasingly digital and interconnected world, protecting creative work has become more important than ever.

Copyright law exists to ensure that creators—whether musicians, writers, filmmakers, or software developers—retain control over how their work is used and are fairly compensated for it. In Ghana, this protection is governed by the Copyright Act, 2005 (Act 690), which sets out the rights of creators while balancing public access to knowledge and culture.

This article provides a practical and accessible overview of copyright law in Ghana. It explains what copyright protects, the rights creators enjoy, how to safeguard those rights, and the realities of enforcement in today’s digital environment.

What is Copyright?

Copyright protects original creative works such such as books, music, paintings and sculptures, films and technology-based works (such as computer programs and electronic databases).^[1] It gives creators the legal right to control how their work is used and to earn from it.

It should be noted however that copyright does not prevent people from creating similar works, it only prohibits copying or substantially reproducing an existing work without permission.

In Ghana, copyright protection is automatic once a work is created and fixed in a tangible form. This automatic protection aligns with international treaties such as The Berne Convention for the Protection of Literary and Artistic Works (1886), and The World Intellectual Property Organization (WIPO) Copyright Treaty (1996), to which Ghana is a party.

Works eligible for Copyright Protection in Ghana

Understanding what qualifies for copyright protection is essential for creators seeking to safeguard their work. Under Act 690 copy right applies to a wide range of works including:

Creative Works-

Literary works: novels, poems, articles, essays, and other written material.
Musical works: songs, symphonies and musical scores. Protection extends to both the music (melody, harmony) and the lyrics, including the right to reproduce, distribute, and perform the music publicly.
Artistic works: paintings, drawings, sculptures, photographs, architectural designs and works of applied art.

Digital and Media Works-

Audiovisual works: motion pictures and other audiovisual works, extending to the film’s script, images, sounds, and the underlying work of the film’s creators.
Sound Recordings: the fixation of sounds, including music, spoken words, audio recordings of speeches, and podcasts. This protection is separate from the copyright in the underlying musical or literary work.
Computer Software or Programs: software and apps are protected in terms of both the source code and object code, including operating systems, software applications and games.
Derivative work: A derivative work is based on an existing copyrighted work, for example, a remix of a song, a translation of a novel, or a film adaptation. Creating such works typically requires permission from the original copyright owner.

Rights Protected by Copyright

Economic rights: these give creators the legal power to control how their work is used, and to be paid when others use it. In plain terms: if someone wants to play your song, sell copies of your book, or broadcast your film, they need your permission and must compensate you.^[2] These rights include:

Reproduction: Others cannot copy your work without permission
Distribution: Others cannot sell or share copies
Performance: Your music cannot be played publicly without a licence
Display: Your work cannot be publicly shown without consent
Adaptation: Others cannot modify your work (e.g., remix or translate it) without permission;

Moral rights: these protect the creator’s identity and reputation regardless of whether they have been paid for the work^[3]. These rights include:

Right of Attribution: the right to claim authorship of the work.
Right to Integrity: the right to prevent alterations, distortions or derogatory treatment of the work that could harm the author’s reputation.

What is NOT Protected?

Copyright does not protect ►Ideas or concepts, ►Titles or names, ►Styles or artistic techniques, ►Facts or general information. For example, while a song is protected, its title alone is not.

Creators should consider other legal protections, such as trademarks, for brand names and titles.

Requirements for Copyright Protection

To qualify for copyright protection, a work must meet the following criteria:^[4]

Be original in character (created through independent effort);
Be fixed in a tangible form (written recorded, etc.);
Be created by a citizen or a person ordinarily resident in the Republic of Ghana;
First published in the Republic and in the case of a work first published outside the Republic is subsequently published in the Republic within thirty (30) days of its publication outside the Republic, or
Be a work in respect of which the Republic has an obligation under an international treaty to grant protection.

Copyright protection generally lasts for the lifetime of the author plus 70 years. For works with multiple authors, the term is 70 years after the death of the last surviving author.^[5] For works created for hire or corporate authorship, the protection lasts 70 years from the date of publication.^[6]

How to Protect Your Work in Practice

Although copyright is automatic, creators should take additional steps to strengthen their protection. These include:

Registration of work with the Copyright Office for evidentiary purposes, especially in the event of a dispute
Documentation of creative process (dates, drafts, recordings)
Joining Collective Management Organisations (CMOs) such as COSON or GHAMRO to collect royalties
Use licensing agreements when allowing others to use your work

A licence simply sets out how, where, and for how long someone can use your work, and how much they must pay.

Licensing and Contracts: What Creators Must Know

Many copyright disputes arise not from theft, but from unclear agreements. Key concepts include:

Exclusive vs Non-Exclusive Licences
An exclusive licence gives one party sole rights to use the work; a non-exclusive licence allows multiple users.
Work-for-Hire Agreements
If you create work under such an agreement, the employer, not you, may own the copyright.
Written Agreements Are Essential
Verbal agreements are risky. Always document ownership, permissions, and payment terms.
Watch for Red Flags
Contracts that assign all rights without fair compensation or clarity should be treated with caution.

From Social Media Complaints to Courtroom Victories

While social media has become a common platform for artists to air grievances about copyright infringement, the following cases demonstrate that Ghanaian courts provide a more effective avenue for protecting creative rights. These legal battles have set important precedents and shown that the law can deliver real remedies for aggrieved creators.

Spiky Beats v CAF

Ghanaian music producer and journalist Kwabena ‘Spiky Beats’ Ofei-Kwadey Nkrumah sued the Confederation of African Football (CAF) for unauthorised use of his song ‘Spiky- Okomfo Anokye’ for promotional materials ahead of the 2018 CAF Awards and failed to pay him for it.^[7]n The Accra Commercial Court awarded “Spiky Beats’ $250,000 in damages and GH¢40,000 in legal costs as compensation and ordered CAF to remove all infringing materials.^[8]

CAF’s attempts at staying execution on grounds that the use was merely promotional was rejected by the Court of Appeal reinforcing that unauthorised use is still infringement. This landmark ruling demonstrates the courts’ firm stance on copyright protection and has set a strong precedent for Ghanaian creators seeking legal remedies.

Obrafour v ‘Drake’ (ongoing)

A $10 million lawsuit was filed against Canadian rapper Aubrey “Drake” Graham by Ghanaian musician Obrafour known as Michael Elliot Kwabena Okyere Darko for unauthorised use of a notable two-sentence chant, ‘Killer cut blood. Killer cut,’ performed by music producer Nii Mantse, in Obrafour’s original song “Oye Ohene (Remix).”

Drake sought to sample this vocal hook, however Obrafour, who holds ownership of the entire song, asserted that, he never granted permission, despite being contacted by Drake’s team prior to the song’s release on June 17th, 2022.^[9] Nii Mantse filed a further claim for compensation as his voice is the part of Obrafour’s song featured in Drake’s song even though Nii Mantse does not own rights to the song.

This international dispute highlights the complexities of ownership, especially where multiple contributors are involved. It underscores the importance of clear agreements on who owns what.

Kwame Mickey v Team Eternity Ghana

Music producer Kwame Mickey initiated a copyright dispute against the gospel group Team Eternity Ghana over their popular song “Defe Defe”. The producer alleged that a large portion of their song was copied from an older song, written by Osuani Afrifa and performed by Hallelujah Voices (of whom he is executive producer for). This dispute was settled out of court by the Parties’ agreement to enter into a licensing contract, demonstrating how early negotiation and formal agreements can prevent prolonged litigation.

Emerging Challenges and What Creators Should Know

With the rapid growth of digital media, Ghanaian copyright law faces growing challenges such as:

digital rights management: tracking and monetising usage remains difficult),
online piracy: unauthorised distribution is easier than ever
social media enforcement: platforms allow takedown requests, but many creators are oblivious of these processes
ownership of AI- generated or AI assisted works used to remix original content.

As a result, many creatives increasingly rely on social media to highlight grievances, often without pursuing formal legal remedies. These discussions frequently lose momentum, leading to unresolved disputes. Creators must therefore be proactive in understanding and enforcing their rights in this evolving landscape.

Conclusion

Copyright law in Ghana provides a strong framework for protecting creativity, but its effectiveness depends on how well creators understand and use it. Courts have demonstrated a willingness to enforce these rights, but prevention, through proper documentation, agreements, and awareness, is always better than cure.

The path forward therefore requires creators to document their work and keep record of creation dates, register their work with the copyright office, join a CMO to collect royalties, always use written contracts for collaborations and seek legal advice before signing any agreements.

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