Movie Piracy in Ghana: What the Law Says and the Penalties for Copyright Infringement

• Unauthorised copying, reproduction, distribution or commercial exploitation of protected films can constitute copyright infringement under Ghana’s Copyright Act, 2005 (Act 690).

• Depending on the circumstances, copyright infringement may attract fines of 500 to 1,000 penalty units, imprisonment for up to three years, or both. Courts can also order the forfeiture and disposal of infringing materials.

• Copyright owners can take civil action in the High Court to seek remedies including injunctions and damages, while the Ghana Copyright Office works with enforcement agencies to combat piracy.

From unauthorised duplication and distribution to commercial exploitation of protected films without permission, activities that violate the rights of filmmakers and other copyright owners can attract both civil and criminal consequences under Ghanaian law.

Several prominent Nollywood figures, including actress and director Omoni Oboli, as well as Bimbo Ademoye, Mercy Johnson and Ruth Kadiri, have criticized Ghanaian television stations for allegedly broadcasting their films without authorization. Their complaints reflect broader concerns that such practices reduce artists’ earnings and weaken intellectual property protection across the region

But what exactly constitutes movie piracy, and what does the law say about it?

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The Ghana Copyright Office describes piracy as the unauthorised reproduction, duplication, distribution or use of copyright-protected content. Films are specifically among the types of creative works protected by copyright in Ghana.

This means that making unauthorised copies of a film, distributing those copies or commercially exploiting a protected movie without the permission of the relevant rights holder can amount to copyright infringement.

The issue is not limited to physical copies. The Copyright Office notes that technological developments and the internet have made it easier for copyrighted works, including films, to be copied and circulated without authorisation.

Under the Copyright Act, 2005 (Act 690), an audiovisual work is eligible for copyright protection.

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The Act gives copyright owners exclusive economic rights, including the right to reproduce their work, adapt it, communicate it to the public, distribute copies and commercially rent copies of the work.

In practical terms, a person cannot simply take a protected film, make copies of it and distribute or commercially exploit those copies without the appropriate authorisation.

Copyright protection does not depend on registration. The Ghana Copyright Office states that copyright generally arises automatically when a work is created and fixed in a tangible form. Registration is voluntary, although it can provide evidence of ownership.

Section 41 of Act 690 provides that acts carried out contrary to the rights granted to copyright owners constitute infringement.

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The law also contains specific copyright offences under Section 42. These include unauthorised reproduction, duplication or extraction of a protected work, as well as distributing or causing a protected work to be distributed in Ghana by sale or otherwise. Public exhibition of a protected work without the required authority can also fall within the offences outlined by the law.

The legislation also addresses certain activities involving electronic rights management information and technological protection measures.

Consequently, movie piracy can extend well beyond someone physically copying a DVD. Unauthorised reproduction and distribution of a protected film in other forms can also raise copyright issues.

Copyright infringement can carry criminal penalties in Ghana.

Section 43 of Act 690 provides that a person who infringes a protected right may, upon summary conviction, face a fine of between 500 and 1,000 penalty units, imprisonment for a term of up to three years, or both. The law also provides for additional fines in cases where an offence continues.

The exact monetary value of a penalty unit should not be confused with a fixed Ghana cedi amount in the Act, as the applicable value can depend on Ghana's wider legal framework.

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Yes.

Beyond criminal sanctions, Ghanaian copyright law provides civil remedies for rights holders.

Section 47 allows a person whose copyright is being infringed, or is in imminent danger of being infringed, to commence civil proceedings in the High Court. The remedies can include an injunction to stop the infringement and an award of damages. The law also provides for orders relating to infringing goods and materials.

This means a filmmaker or other rights holder does not necessarily have to rely only on criminal prosecution. Civil proceedings can also be used to seek protection and compensation.

The consequences can go beyond a fine or prison sentence.

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Under Section 46, a court may order that money arising from the offence be paid to the person entitled to it. The court may also order the forfeiture and disposal of reproductions, duplicates, imitations and other materials involved in the infringement, as well as devices or implements used in committing the offence.

The Ghana Copyright Office, a department under the Ministry of Justice, is responsible for administering copyright in Ghana.

Its functions include implementing copyright laws, investigating and addressing cases of infringement and carrying out other activities necessary for the administration and protection of copyright.

The Copyright Office also operates anti-piracy activities in collaboration with the police. According to the Office, its enforcement unit conducts surveillance and raids in areas where copyright infringement is prevalent, with seized materials and suspected offenders potentially becoming part of subsequent legal proceedings.

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The Copyright Monitoring Team, established under Section 50 of Act 690, is also mandated to monitor copyright works, investigate copyright cases and undertake anti-piracy activities.

Not necessarily.

Ghana's Copyright Act contains provisions allowing certain uses of copyrighted works without the owner's permission in specified circumstances. These include particular forms of personal use, quotation, teaching, reporting of fresh events and other permitted uses set out in the legislation.

However, these exceptions are limited and do not create a general right to copy and distribute films.

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For example, the existence of an exception for certain personal uses should not be interpreted as permission to reproduce a film and sell or distribute the copies to other people.

Beyond the legal consequences, piracy can directly affect the people who create and invest in films.

When a film is copied and distributed without authorisation, the copyright owner can lose revenue from legitimate sales, licensing, cinema screenings, streaming arrangements and other authorised forms of distribution.

The Ghana Copyright Office has consequently treated anti-piracy enforcement and public education as important parts of its mandate, describing its mission as promoting and protecting the rights of creators.

Movie piracy in Ghana is not simply a dispute between filmmakers and people who copy films. Ghanaian copyright law gives creators and rights holders legally protected rights over the reproduction, distribution and public use of their works.

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Unauthorised reproduction and distribution can amount to copyright infringement and, in circumstances covered by the Act, a criminal offence. Depending on the circumstances, offenders can face fines, imprisonment, civil claims, forfeiture of infringing materials and other court-ordered remedies.

For audiences, distributors and content creators alike, the safest approach is to use films through legitimate channels and obtain the necessary permission or licence whenever copyright law requires it.