Djandoh Oliver [ LLM Candidate, MBA, LLB, Credit Analyst, Project Analyst ]
Introduction
Every morning, when a host says, “Good morning, Ghana, this is The Big Show,” who owns that show? The host? The radio station? Can the host leave Joy FM and take his programme to Onua FM? Can Onua FM stop Captain Smart from using “Fabewoso” on another station?
This is governed by the Copyright Act, 2005 (Act 690), as amended by Act 911 and WIPO treaties.
What Copyright Protects in a Programme
Under Section 1 of Act 690, a programme is protected as:
a) Literary Work: Script, rundown, concept notes, slogans.
b) Artistic / Audiovisual Work: Jingle, logo animation, set design.
c) Sound Recording: The actual recorded edition of the programme.
Two rights exist in broadcasting at the same time:
- Content right (in the programme)
- Broadcast right (in the signal).
Who Owns?
The Core Battle – Section 7 of Act 690 (in the absence of any contract to the contrary, the economic right to a work shall vest in an employer or a person who commissions the work where the employed or commissioned author has created the work in the course of employment) and Section 10 of Act 690 (obligation of producers: the producer of a sound recording or audiovisual work shall state on the label of the sound recording or audiovisual work, or on its container: (a) the name of the author and those of the main performers; (b) the title of the work, etc.).
The law gives three scenarios:
SCENARIO A: Host Is an Employee (Full-Time Presenter)
Section 7 of Act 690: Where a work is created by an author employed by a person under a contract of service, the copyright belongs in the first instance to the employer (media house), unless the contract says otherwise.
If Delay is employed by Wontumi FM as a staff member and creates “Odo ne Asem” during employment hours, using station equipment, Wontumi FM owns the copyright. Delay cannot carry the programme away when resigning.
But the moral right remains with the host: the right to be credited as the creator. Section 6 of Act 690.
SCENARIO B: Host Is an Independent Contractor / Content Supplier
If the host brings his own programme to the station and buys airtime (a book-time arrangement), like many pastors buying Sunday morning airtime, or under an “Independent Producer Agreement”.
Section 10(1): Copyright belongs to the author (host) in the first instance. The media house only gets a licence to broadcast.
Example: If Kwaku Sintim Misa (KSM) produces Showbiz and licences it to Kesben TV, KSM owns it. Kesben TV cannot rebroadcast it without permission after the contract ends.
SCENARIO C: Commissioned Work
Section 10(3): Where a person commissions work, copyright is retained by the author unless there is an assignment in writing.
If a station commissions a jingle producer to produce a jingle for a programme, the producer retains copyright unless there is a written assignment.
What Must Be in a Contract Between a Media House and a Host
To avoid disputes, every Ghanaian media house must have these clauses: Assignment and Licensing.
Ownership Clause: “All programmes, concepts, and titles created by the host during employment shall vest in the station.”
Non-Compete / Format Clause: The host shall not reproduce the programme in a similar format within 6–12 months after leaving, within the same region.
Licence to Host’s Pre-existing IP: If the host came with a name, e.g., “Anopa Bofo”, who owns it? There must be an agreement between the host and the media house.
Assignment in Writing: Section 9(4) says an assignment of copyright is not valid unless it is in writing and signed.
Without writing, under Ghanaian law, an oral assignment is void. This has caused many stations to lose cases in court.
Programme titles can only be protected in two ways:
Copyright: If a title is original enough (Section 1(2): a work is not eligible for copyright unless it is original in character). “News File” may not be original, but “Alhaji and Alhaji” might be.
Trademark: Under the Trademarks Act, 2004 (Act 664), if a media house registers a title as a trademark, e.g., “Kokrokoo” at Peace FM, the host cannot take it away.
When Can a Station or Host Sue?
When infringement occurs, for example:
- A host leaves Atinka TV, where he or she is an employee, and starts the same programme structure with the same name on Movement TV without permission.
- A station/media house continues to use the host’s voice, jingles, and old episodes on TV/radio after the host has left and the contract has ended.
- A third-party station broadcasts a programme without a licence, violating the broadcast right.
Remedies under Section 47 of Act 690:
Injunctions, an account of profits, damages, and criminal prosecution.
Practical Recommendations for Ghanaian
– For Media Houses (Kesben, Citi, Despite, Media General):
- Always sign a written presenter agreement before the host goes on air. State that the programme and all episodes are “work made for hire”.
- Register programme titles as trademarks.
- Register the programme format at the Copyright Office in Accra.
– For Hosts (Presenters):
- If you developed the programme before joining the station, register it first at the Copyright Office and licence it.
- If employed, negotiate a reversion clause: “If the programme is not broadcast for 6 months, the rights revert to the host.”
- Keep evidence of creation: scripts and first recordings.
Conclusion
In Ghana, the default rule favours the media house if the host is an employee, and the host if independent. But the default can be reversed by contract. Because Section 9(4) requires writing, the party without a written contract always loses.
The golden rule: If you didn’t write it, you don’t own it.
