March 22, 2024
CopyGhana commenced an action against the University of Ghana (UG) claiming that the mass photocopying of literary works by students and lecturers from photocopier machines provided by the Balme Library and private photocopy shops on the UG campus without UG obtaining a license, constitute an infringement of the exclusive Reproduction Rights of Authors and Publishers under Copyright Laws of Ghana.
The parties have since settled the matter and the terms of settlement have been adopted by the court as consent judgement.
Consequently, members of faculty, staff and students are informed that they are required to adhere strictly to the University’s obligations as below, when reproducing and distributing any literary material within the University, to avoid any further legal challenges.
| OBLIGATIONS OF UNIVERSITY OF GHANA | RECOMMENDATION |
|---|---|
| The University undertakes to ensure that articles or course packs (compilations of copies, collections of articles, etc.) that include material that has been reproduced in accordance with this agreement is not for repeated use, lending out, or renting out, not even for exclusively internal use within the University. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that course packs that include protected material (compilations of copies, collections of articles, etc.) are clearly marked so as to show which parts of them have been produced under an agreement with COPYGHANA, and so to make clear that the course packs may not be lent, rented out or transferred. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that works of visual art and photographic pictures that may be reproduced are made only from already existing reproductions in books, periodicals or similar printed matter. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that for each employee, student, etc. reproduction from a single book or similar publication is limited to fifteen percent (15%) of the total number of a es. | All faculty, staff and students must observe this and act accordingly |
| To ensure that the extent of reproduction from a single book or similar publication that is no longer available commercially or directly from the publisher through is limited in corresponding fashion to thirty-five percent (35%) | All faculty, staff and students must observe this and act accordingly |
| The University undertakes that where it becomes necessary to do reproduction beyond thirty-five percent (35%) , the Institution must write to the publisher through CopyGhana and satisfy itself that the particular publication cannot be obtained within a reasonable time by means of publishing on demand or a similar method. | Inform and obtain prior written consent through the Legal Counsel with copy to the ViceChancellor and Registrar |
| The University undertakes to ensure that reproduction from any single issue of a learned scientific journal is limited to two articles for any given end-user per year and must in no case exceed thirty percent (30%) of the total number of pages in that issue of the journal. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that in accordance with the agreement, the extent of reproduction from sheet music (a score or similar publication of a single musical work) and from collections of sheet music (collections of the scores of two or more musical works) is limited to 15%, but with a maximum of 10 pages from each separate publication. However, it is permitted to reproduce one whole movement or similar segment from sheet music for use in instruction in music theory. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to always and at all times contact COPYGHANA, where it becomes necessary to make copies of protected material beyond the limits permitted by the agreement or should it need to make digital copies of any protected work which is the subject of the agreement. | Inform and obtain prior written consent through the Legal Counsel |
| The University must ensure that at all times it uses its best endeavours to monitor and supervise the reproduction of required reading and other necessary instructional material to students in the form of reproductions. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that reproduction is carried out only where the material in question comprises such a small portion of a publication that reproduction is the obvious alternative, or if the book, journal, etc. is sold out from the publisher but sufficient copies are not available from the Institution’s library or in the specific circumstances it is impractical for the students to rely on borrowing the publication from the library. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that reproduction of protected material is carried out within the framework of the instant agreement. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that the distribution of reproductions is carried out in connection with relevant lectures, seminars and similar sessions, or from faculties, departments, and institutes or a central distribution facility at the Institution. | All faculty, staff and students must observe this and act accordingly |
| The University undertakes to ensure that reproductions made by virtue of this agreement are distributed only to students participating in the courses of study for which the material has been developed, and is not made accessible to the general public. | All faculty, staff and students must observe this and act accordingly |
COPYGHANA for reproductions that are subject to payment under the terms of this agreement.
| OBLIGATIONS OF UNIVERSITY OF GHANA | RECOMMENDATION |
|---|---|
| The University undertakes that it shall not, during the tenure of this Agreement and after the termination thereof, use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by CopyGhana other than to fulfill its obligations in terms of this Agreement. | All UG Members must observe and respect this provision. |
| The University undertakes to ensure that it takes every reasonable precaution to protect the confidentiality of any and all information that it may during and after the time frame of the Agreement with CopyGhana. | All UG Members must observe and protect the confidentiality of the information contained herein |
| The University undertakes that in the event of a force majeure as defined under the Agreement, it shall take immediate steps to inform CopyGhana in writing of the event of force majeure. | Inform the Legal Counsel with copy to the ViceChancellor of the event of force majeure immediatelly |
Note:
Failure to comply with any of the above may result in the commencement of the necessary disciplinary proceedings.
Emelia Agyei-Mensah (Mrs.)
REGISTRAR
