Accra: In today's fast-paced digital world, where content spreads in seconds and ideas are shared across borders, understanding copyright is more important than ever. Copyright serves as a crucial safeguard, protecting the creativity of authors by granting them the legal right to own, control, and benefit from their original works. It ensures that creators can maintain control over how their creations are used, preventing misuse and ensuring that ideas are shared responsibly. Yet, it also fosters innovation by allowing others to build on those ideas while respecting the rights of the original creators.
According to Ghana Web, in Ghana, copyright law is primarily governed by the Copyright Act, 2005 (Act 690), alongside relevant international agreements such as the Berne Convention, to which Ghana is a signatory. Together, this legal framework seeks to protect the rights of creators and owners of original works, while also promoting the free flow of ideas, creativity, and innovation.
The backbone of copyright protection in Ghana is outlined in Sections 1 and 2 of the Copyright Act, 2005. These sections define the types of works that can be protected under copyright and set the conditions under which they qualify. Section 1 outlines a broad array of works that can be protected, from literary, artistic, and musical works to sound recordings, audio-visual works, and even computer software. However, the protection does not extend to ideas or concepts; only the particular expression of those ideas can be safeguarded.
For a work to qualify for copyright protection under the Act, it must meet three essential criteria: originality, fixation, and connection to Ghana or international obligation. Originality requires that the work is the result of the author's independent effort, reflecting skill and judgment. Fixation means the work must be captured in a tangible form. The connection to Ghana or international treaties ensures the work is created by a Ghanaian citizen or resident or protected under international agreements.
The case of University of London Press Ltd v University of Tutorial Press Ltd (1916) 2 Ch. 601 offers important insight into the concept of originality. The court ruled that originality in copyright does not require novelty, only that the work is a product of the author's own effort and skill, rather than being mechanically copied.
In the case of Akrobeto's famous laughter video, the issue of whether the laughter can be copyrighted is intriguing. On its own, laughter cannot be copyrighted because it is a natural, spontaneous occurrence. But once that laughter is captured and recorded, especially in a creative setting like a television broadcast, things change. Copyright law does not protect the laughter itself but the technical and creative effort involved in its recording.
This video can be classified as an audiovisual work under Section 1 of Act 690, defined as a work consisting of a series of related images imparting motion, with or without accompanying sounds. Recording the audiovisual work requires thoughtful decisions, such as when to record, where to place the microphone, how to edit the sound, and how to present it. These decisions reflect skill, creativity, and effort, transforming a simple, spontaneous act of laughter into a polished, finished recording.
Thus, the copyright law protects not the laughter itself, but the work done to capture and present it. Even if the sound is a natural, unplanned event, the recording is considered an original work because of the effort involved in its creation. This distinction allows copyright to protect creative works without granting ownership over everyday human experiences.
Under Section 15 of Act 690, audio-visual works enjoy copyright protection for seventy years from the date the work is made or first made public, reflecting the capital-intensive nature of audio-visual productions and aligning Ghana's regime with international standards. Act 690 also recognises that strict copyright enforcement could impede education, information flow, and freedom of expression, permitting limited use of copyrighted works without authorisation for private purposes, quotation, teaching, research, news reporting, and other public interest activities.
In conclusion, although laughter is a natural and unoriginal human act that cannot attract copyright protection, the recording of laughter may nevertheless be original. This originality lies in the manner in which the laughter is captured and presented. Copyright law protects the expression of an idea or event, rather than the raw event itself. The video satisfies the originality requirement and qualifies for copyright protection as an audiovisual work, embodying independent skill, judgment, and effort.