of this case, because what has been reproduced is no more than an idea. This
defence raises for the consideration of this Court the essence of copyright law. What
is the balance of interests that is struck by the Copyright Act 2005 (Act 690) in
common with copyright legislation elsewhere? This is the fundamental question
that this Court needs to address in this case. Copyright law endeavours to strike a
balance between protecting the economic rights of owners of copyright and the
need to encourage the free exchange and dissemination of ideas which is vital for
the development and progress of any society. This is why section 2 of the Copyright
Act 2005 provides as follows:
“Section 2—Ideas, concepts excluded from copyright
Copyright shall not extend to ideas, concepts, procedures, methods or other
things of a similar nature.”
This case, in my view, requires of this Court a clarification and application of the law
relating to the scope of the law of copyright in Ghana and is not limited, as
contended by the respondent, to a consideration of whether the findings of fact
made by the learned trial judge are sustainable in the light of the evidence on
record.
The facts
The facts of the case should be narrated next to enable an appreciation of the issues
of law raised in the case. The respondent, who was the plaintiff in the trial court, is
the author of a novel entitled: “Woes of the African Mother”, (hereinafter referred to
as “Woes”) which was first published in August 1982. This novel was selected by
the West African Examination Council as one of the prescribed texts for prose in the
English Language paper for the academic years 2004 to 2006 for the Basic
Education Certificate Examination (“BECE”).
2
The respondent, in his action