Ever wondered whether you can use a song, article, or photo without getting into trouble? Copyright laws exist to protect creators, but they also allow for some flexibility. In Ghana, the Copyright Act, 2005 (Act 690) lays out the rules for when and how copyrighted works can be used without permission. These are known as permitted uses, and they strike a balance between respecting creators’ rights and ensuring public access to information, education, and culture. Let’s break them down.
- Personal Use – Just for You
If you want to copy, translate, or adapt a published literary or artistic work for your personal, non-commercial use, go ahead. Just remember, this doesn’t apply to architectural works, digital databases, musical scores, or software (except in specific cases under Section 16). In other words, you can keep a personal copy of your favorite novel, but don’t go sharing it online.
- Quotations – Give Credit Where It’s Due
Need to use a quote from a book or newspaper article? No problem, as long as you cite the author and source. However, the quote must be reasonable and relevant to your work. No excessive copy-pasting allowed.
- Education & Training – Learning Made Easy
Teachers and trainers, rejoice. You can use copyrighted works for teaching, research, or professional training without permission, whether in books, broadcasts, or presentations. The catch? The work must have already been made public, and the use must be fair and reasonable. Don’t forget to credit the original creator.
- News & Current Affairs – Spreading the Word
Articles and broadcasts on economic, political, or religious topics can be reproduced in newspapers, periodicals, or other broadcasts as long as the source is acknowledged. However, if the original publication explicitly forbids reuse, this exception doesn’t apply.
- News Reporting – Keeping the Public Informed
News media can use copyrighted works without permission when reporting on fresh events or new information. However, this should only be to the extent necessary to inform the public.
- Art & Architecture – If It’s in Public, It’s Fair Game
Works of art or architecture permanently located in public places (such as statues or murals) can be featured in films, TV, or other media without permission. If a painting appears in the background of a documentary, that’s totally fine, as long as it’s not the focus of the film.
- Public Speeches – Speak Freely
Political speeches, legal proceedings, and public lectures can be reproduced or broadcast for news reporting purposes. However, the number of copies should be limited to what is necessary for the purpose.
- Library & Archive Access – Keeping Knowledge Alive
Non-commercial libraries and archives can make a single copy of an article, short work, or extract for individual research or study. This should be an isolated case, not a regular practice and only applies if a licensed copy isn’t available. If they need more than one copy, they must seek permission from the copyright owner or a relevant management society.
- Public Interest Events – A Free Pass for the Greater Good
Did a copyrighted work accidentally appear in a news broadcast? No worries, that’s not an infringement. Similarly, portraits can be published without permission if they serve scientific, educational, or cultural purposes or relate to public interest events.
Copyright protection is essential, but it’s not absolute. These permitted uses ensure that creativity, education, and information-sharing continue to thrive. So, before you hit “copy” or “share,” check if your use falls under these exceptions. When in doubt, always credit the creator, it’s the right thing to do.
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
