Summary Notes TERM TWO BASIC SEVEN 7 Prepared by Sir Lexis Oppong Prepared by Sir Lexis Oppong ACADEMIC YEAR 2013/2014 ACADEMIC YEAR 2013/2014

COPYRIGHT ETHICS INTRUDUCTION Ethics is a set of moral principles that govern the behavior of a group or individual. Therefore computer ethics is the set of moral principles that regulate the use of computers. DEFINITION OF COPYRIGHT Copyright refers to laws that regulate the use of the work of a creator, such as an artist or author. This includes copying, distributing, altering and displaying creative, literary and other types of work.

CONCEPT OF COPYRIGHT AND COPYRIGHT INFRINGEMENT COPYRIGHT –MEANING It is an illegal obligation enacted by most of the governments to protect imitation or reproduction of an original creative or literary work by the creator, both published and unpublished. Copyright Act was initiated in the year A copyright is represented by the symbol ©. COPYRIGHT LAWS. Many countries recognize a parson’s right to exclusively use, make, or sell certain types of intellectual property, such as software products, brand name logos, designs or recipes. These rights are commonly given in the form of patents, trademarks, copyrights or trade secretes protection.

INTELLECTUAL PROPERTY RIGHT Intellectual property right is a term used to cover goods and services protected under the laws governing patents, trademarks, copyrights, and trade secrets. PATENT RIGHTS A Patent is a set of exclusive rights granted by a national government to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. Only an inventor may apply for a patent, unless he has died or has been declared insane. Under the law, “anyone who invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent”.

TRADEMARK RIGHT A trademark is a word, name, phrase, symbol, or design, or a combination of these elements, which identifies and distinguishes the source of goods or services. The term trademark also encompasses service marks, which identifies and distinguishes the source of a service rather than a product.

REGISTERING A COPYRIGHT A Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registering with the Copyright Office is an optional (but you have to register before you file an infringement suit). The use of copyright notice is optional for works distributed after 1 st March, Copyright notice can take any of these three forms: © followed by a date and name “Copyright” followed by a date and name “Copr.” followed by a date and name

Copyright Office Ghana

TYPES OF WORKS PROTECTED BY COPYRIGHT Copyright law protects “works of authorship” which includes the following according to the law.  Literary Works - Novels, nonfiction prose, poetry, news articles and newspapers, magazine articles and magazines, computer software, software documentation and manuals, training manuals, catalogs, brochures, ads (text), and compilations such as business directories.  Musical Works – Songs, advertising jingles and instrumentals.  Dramatic Works – Plays, operas and skits.  Pantomimes and Choreographic Works – Ballets, modern dance, jazz dance and mime works.  Pictorial, Graphical and Sculpture Works – Photographs, posters, maps, paintings, drawings, graphic art, display ads, cartoon strips, and cartoon characters, stuffed animals, statues and works of fine art.  Sound Recordings – Recordings of music, sounds or words.

Motion Pictures and other Audiovisual Works – Movies, documentaries, travelogues, training films and videos, television shows, television ads and interactive multimedia works. Architectural Works – Building designs whether in the form of architectural plans, drawings or the constructed building itself.

Musical Instrument Literary works Audio-visual works SOFTWARE Application Software

REASONS FOR COPYRIGHT PROTECTION The reasons for states to enact national legislation, and to join as signatories to either regional or international treaties governing intellectual property rights includes:  To provide incentive towards various creative endeavors of the mind by offering protections  To give such creators official recognition  To create repositories of vital information  To facilitate the growth of both domestic industry or culture and international trade through the treaties offering multi-lateral protection.  To safeguard and protect the interest/work of the copyright holder.

COPYRIGHT LAWS IN GHANA The copyright laws in Ghana is summarized under Copyright Law, 1985, PNDCL No. 110, which was officially published in the Ghana Gazette. The six hundred and ninetieth Act (160) of the Parliament of the republic of Ghana entitled THE COPYRIGHT ACT, 2005, was given Assent by the president on 17 th May It replaced the Copyright Law 1985(P.N.D.C.L 110). The law specifically provides copyright protection to creators of literary works such as:  Poems, plays, and stories  Paintings, sculptors, maps and other architectural models  Music albums and audio recordings in the form of cassettes and CDs  Information broadcast by Television and Radio, motion pictures and videos

According to the Copyright Law of Ghana, if you want to reuse any of these works, you must obtain a written permission and consent to do the same from the original creator. A copyright office has been established by the law, which deals with copyright infringement in Ghana. Organization like the Musical Association of Ghana (MUSIGA), have put certain measures to prevent the duplication of music from cassettes and CD ROMs. In addition to the literally works, the Copyright Law of Ghana also provides copyright protection to textile designs. Textile designs are patterns used for weaving or printing textiles products. According to the law, a person cannot copy or reuse an already existing textile design that has been registered as a copyright.

The Office of Ghana Musical Association The Current President (MUSIGA)

The Merchandise Act of 1964 is used to administer logos and other registered trademarks of business organizations. As per the Act, if someone reuses or forges a registered logo, it is a punishable offence. The Patent Law 1992 manages the patents and associated copyrights for different inventions in Ghana. This law provides the provision of a patent office, which takes care of registering and managing patent issues.

DURATION OF COPYRIGHT IN GHANA The Copyright law is clear that work that qualifies for copyright status in Ghana must be original and that it must be done by a Ghanaian or a person who is a resident in Ghana. Section 12 of the copyright Act 2005 talks about the duration of copyright.  For individuals, the copyright is active for the duration of life of the person and for 70 years after his death  For corporate bodies, is 70 years from the date of publication of the work. For audio-visual and sound recording, the copyright is force for 70 years from the date of publication.

ECONOMIC RIGHTS OF AUTHORS The author of any protected copyright work has the exclusive economic right in respect of the work to do or authorize the doing of any of the following: a. The production of the work in any manner or form. b. The translation, adaptation, arrangement or any other transformation of the work. c. The public performance, broadcasting and communication of the work to the public. d. The distribution of the originals or copies of the work by way of first sales or other first transfer of ownership, and e. The commercial rental to the public of originals or copies of the work.

PERMITTED USE OF COPYRIGHT WORKS IN GHANA The copyright law permits individuals to use the copyrighted work if it is for personal use and only will not involve any commercial activity. Also due recognition of the source and owner of the original work must be made known. Educational institutions can use any copyrighted work for the purpose of teaching only. When it comes to computer programs, the rightful owner of a copyright program is allowed to make one copy of the computer program as a backup copy.

Educational use. Personal use The law allows for educational useThe law allows for personal use

INFRINGEMENT OF COPYRIGHT LAWS Copyright Infringement is unauthorised acquisition and use of any copyrighted work. It often refers to copying "intellectual property" without written permission from the copyright holder. This is a very serious offence all over the world. There are stringent punishment for committing such offence.  The law gives the court right to impose heavy fines on offenders  The law gives imprisonment terms to offenders.

EFFECTS OF INFRINGEMENT OR BREAKING COPYRIGHT LAWS Breaking Copyright law deliberately is considered a misdemeanor, punishment for breaking copyright can range from the mild to quite severe. INFRINGEMENT Anyone who violates any of the exclusive rights of a copyright owner is an infringer. A copyright owner can recover actual or, in some cases, statutory damages from an infringer. COMMUNITY SERVICE AND EDUCATION Young offenders of copyright laws are often sentence to community service and education about copyright.

MONITORY DAMAGE If are found infringing copyright laws, the owner can sue you for monetary damages. FINES Judges can also impose fines on individuals convicted of copyright infringement. JAIL Repeated offenses can lead to jail time.

EFFECTS OF BREAKING COPYRIGHT LAWS IMPRISONMENT COURT FINES

COPYRIGHT LAW ENFORCEMENT AGENCIES Law Enforcement Agency (LEA) is any agency which enforces the law. This may be a local or state police, federal agencies such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). It could also refer to a national police force such as the Serious Organized Crime Agency.

Law Enforcement Agencies  The Police  Federal Bureau of Investigation (FBI)