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The Concept of Damages for Copyright Infringement in Ghana by Sarah Norkor Anku and Onyinyechukwu Mary Magdalene Okeyea Dotsey

The Global IP Matrix Issue 21



In The Global IP Matrix Issue 21, Sarah Norkor Anku, Global Managing Partner, and Onyinyechukwu Mary Magdalene Okeyea Dotsey, Head of the Nigeria Office at SN Anku IP Firm, delve into the legal and judicial framework surrounding copyright infringement damages in Ghana. Their article critically examines inconsistencies in compensation awarded by the courts and calls for reform inspired by international best practices. Sarah Norkor Anku and Onyinyechukwu Mary Magdalene Okeyea Dotsey


Understanding Copyright Remedies in Ghana

The Copyright Act of 2004 (Act 690) forms the foundation of IP law in Ghana. It allows copyright holders to seek damages, injunctions, and other civil remedies. However, the amount awarded in damages is subject to the court’s full discretion, leading to vast variations in compensation outcomes.

Infringed rights holders can pursue civil proceedings under Section 47 of Act 690. The law allows recovery for losses and additional damages if the infringement was flagrant. Despite this, there is no statutory structure to guide courts on the quantum of damages, creating uncertainty and imbalance in enforcement outcomes.


Damages: General, Special, and Discretionary

Ghana’s courts recognise various forms of damages—general, special, aggravated, exemplary, and consequential. However, the assessment remains unpredictable. Depending on the judge’s approach and available evidence, awards can range from symbolic sums to more substantial compensations. The inconsistency makes it difficult for rights holders to predict or rely on court outcomes.


Case Law: From Adequate to Inadequate Awards

The article references multiple court rulings to illustrate how inconsistent awards have impacted copyright holders:

  • Joy Industries Ltd Case: GHS 200,000 awarded for unauthorised use of music—considered inadequate.

  • CAF Promotion Case: USD 250,000 granted for the use of beats without consent—seen as more appropriate.

  • GMRO v. Telcos: GHS 60,000 per company, plus 10% royalties from 2012 onwards.

  • Other cases: Awards as low as GHS 10,000 or even GHS 100,000 for multi-year litigation.


The Global IP Matrix Issue 21

The Call for Reform

The authors propose adopting a statutory damages framework, similar to that in the United States, where courts can award a pre-set range of damages in lieu of uncertain actual damages. This system:

  • Ensures judicial efficiency

  • Reduces ambiguity

  • Provides predictability for rights holders

  • Deters infringement more effectively


Conclusion


While Ghanaian copyright law formally recognises a broad range of damages, the current reliance on judicial discretion has created a system plagued by inconsistency and under-compensation. An approach modelled after the U.S. statutory damages system would provide structure, fairness, and encouragement to creators and copyright owners alike.

Read the full analysis by Sarah Norkor Anku and Onyinyechukwu Mary Magdalene Okeyea Dotsey in the latest edition of The Global IP Matrix.


This crackdown should serve as a wake-up call to the IP community—reminding all stakeholders that transparency, diligence, and ethics are non-negotiable pillars of a fair and functioning IP system.




For more insights from Sarah Norkor Anku and Onyinyechukwu Mary Magdalene Okeyea Dotsey, read the full article in the latest issue of The Global IP Matrix.





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