Ghana: Music Industry and Challenges

Ghana: Music Industry and Challenges

Ghanaian Chronicle (Accra)

25 April 2008
Posted to the web 25 April 2008

Jacquilline Afua Bondzi

In spite of the developmental benefits, which music has imposed on the global developed economies around the world, Ghana is yet to experience such socio-economic benefits from the music industry.

The developed countries have defined the music industry as a multi-billion money making industry, which if taken in to proper consideration, can change a country's despair, like Ghana, into wealth.

It is based on this that has compelled the government of Ghana, to establish a well-structured legislation, to protect the music copyright, and the folklore of the country, to generate commercial revenue in boosting the music industry, and the economy at large.

It can be recalled that there have been deliberations, amongst stakeholder and musicians, on the importance of commercializing the use of folklore, and whenever musicians make use of them, there will be a percentage of tax placed on it, and the proper regulation of the copyright in the industry.

A recent seminar, organised by an expert in the music industry, Mr. Kwaku, the founder of London-based Black Music Congress, indicated that there was a general lack of understanding, about the new legislative instrument, which would define how Ghana's Copyright Act of 2005 would be regulated, which would be soon finalised in a week's time.

The open meeting of Attorney General staff, and stakeholders from the creative industries, takes place on April 29th at the International Conference Centre.

Some attendees admitted being baffled by the issues regarding copyright and folklore, at the Music and Business seminar, comparing the UK and Ghana's music industry and practices.

One journalist confessed that although he had learnt much about copyright, he was also "at the same time very confused.

"Because copyright was fairly regularly highlighted in the media, I took it for granted that those that attended the seminar, had a basic understanding of copyright," explained Kwaku,

"The main reason for organising the seminar was to look at areas of departure, in relation to copyright and industry practice, and to highlight areas that can enhance the Ghanaian market,"continued Kwaku.

"For example, the Ghanaian Copyright Act, allows a mechanical royalty to be paid for the recording of music. In the UK, there are music publishers whose job it is to exploit the use of their songs, in order to earn revenues for themselves, and their songwriters. However, I have not come across music publishing businesses in Ghana.

"What we have are 'music publicists' and not music publishers," added the Copyright Administrator.

In the UK and Ghana, copyright protection for musical and literary works, last for the lifetime of the author(s), plus 70 years.

When a work falls out of copyright, it is said to be in the public domain. This means it can be used without permission or payment.

However, one of the areas of significant departure revolves around the public domain, and folklore - which is any work deemed to be part of the "cultural heritage of Ghana," but whose creators are unknown.

Firstly, rights in folkloric works are vested in the President, on behalf of the state of Ghana in perpetuity. Secondly, and the most contentious point, everyone who uses either folkloric or public domain works in Ghana, must pay.