Section 76—Interpretation In this Act unless the context otherwise requires "artistic work" means irrespective of artistic quality any of the following works: (a) painting, drawing, etching, lithograph, woodcut, engraving, print, fashion design and wood design; (b) photography not comprised in an audio visual film; 28 (c) map, plan or diagram; (d) sculpture; (e) work of architecture in the form of building or model; or (f) work of applied art, whether handicraft or produced on an industrial scale; "audio-visual work" means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds susceptible of being made audible; "author" means a person who creates a work, and in the case of cinematographic work or sound recording means the person by whom the arrangements for the making of the work or recording is undertaken; "Board" means the National Folklore Board; "broadcasting" means the transmitting for reception by the general public over a distance by means of radio, television, electromagnetic emissions, light beams, wire, cable or other means; "choreographic work' includes forms of dance, whether or not in dramatic form; "collective licence" means a licence issued by a collective administration body under which copies of a protected work can be made; "communication to the public" means the transmission, other than broadcasting, by wire or without wire, of the images or sounds or both of a work, a performance or a sound recording in such a way that the images or sounds can be perceived by persons outside the normal circle of a family and its closest social acquaintances at a place or places so distant from the place where the transmission originates that without the transmission, the images or sounds would not be perceivable irrespective of whether the person can receive images or sounds at the same place and time, or at different places or times individually chosen by them; "copy" means a reproduction of a work in a written form, or in the form of a recording or film, or in any manner or form, but an object shall not be taken to be a copy of an architectural work unless the object is a building or a model; "derivative work" means a work resulting from adaptation, translation or other transformation of an original work in so far as it constitutes an independent creation; "device" includes audio or visual cassettes, compact discs, CD-Rom's, VCR's, photocopy machines and any other device used to copy copyright materials; "fixation" means the embodiment of sounds, images or images and sounds or of representations made from them from which the sounds, images or images and sounds can be perceived, reproduced or communicated through a device; "folklore" means the literary, artistic and scientific expressions belonging to the cultural heritage of Ghana which are created, preserved and developed by ethnic communities of Ghana or by an unidentified Ghanaian author, and includes kente and adinkra designs, where the author of the designs are not known, and any similar work designated under this Act to be works of folklore; 29 "literary work" includes (a) novels, stories or poetical works; (b) plays, stage directions, film scenarios or broadcasting scripts; (c) textbooks, treaties, histories, biographies, essays or articles; (d) encyclopedias, dictionaries, directories, time tables, anthologies, databases or compilation of data or other material, whether in machine readable form, which by reason of the selection or arrangement of contents constitutes intellectual creations; (e) letters, reports or memoranda; (f) lectures, addresses or sermons; and (g) computer programmes whatever may be the mode or form of expression; "mechanical night" means the right of the author to reproduce literary, dramatic or musical works in the form of sound recordings and audio-visual works produced mechanically and includes electro-acoustic and electronic procedures the rights of which are usually administered by authors, societies or other appropriate organisations; "Minister" means the Minister responsible for Justice; "musical work" includes any musical work irrespective of its musical quality and words composed for musical accompaniment; "owner" means the person to whom the copyright in a work belongs and includes the heir of an author or an assignee in whole or in part of a copyright; "performance" means the presentation of a work by such action as dancing, playing, reciting, singing, delivering, declaiming or protecting to listeners or spectators; "performer" means the actor, dancer, musician, singer and other persons who act, sing, deliver, declaim, play in or otherwise perform literary or artistic works or expressions of folklore; "producer" means a person or an entity that (a) finances or organises (i) stage performances; or (ii) productions; or (b) undertakes the first fixation of audio-visual work or sound recording "public performance" means (a) in the case of a work other than an audiovisual work, the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; (b) in the case of an audiovisual work, the showing of images in sequence and the making of accompanying sounds audible; and (c) in the case of a sound recording, making the recorded sounds audible 30 at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places or times, and where the performance can be perceived without the need for broadcasting or communication to the public within the meaning of the definitions of "broadcasting" and "communication to the public"; "public place" means any building, place or conveyance to which for the time being the public are entitled or permitted to have access, either without any condition or upon condition of making any payment, and includes theatres, hotels, cinemas, concert halls, dance halls, bars, clubs, sports grounds, holiday resorts, circuses, restaurants and commercial banking and industrial establishments; "publisher" means a person who undertakes the publication of a work by the issue of copies to the public usually for sale or in the case of a sound recording or audio-visual work a publisher is the person who issues duplicates of the sound recording or audio visual work; "programme-carrying signals" means electronically generated carriers transmitting live or recorded material consisting of images, sounds or both, in their original form or any form recognisably derived from the original, in extra-terrestrial space; "sound recording" means work that results from the fixation of a series of musical, spoken or other sound, or of a representation of sounds but does not include sounds accompanying a motion picture or other audio-visual work regardless of the nature of the material objects in which those sounds are embodied; "systematic instructional activities" means the methodical presentation of information for educational purposes; "work of joint authorship" means a work created by two or more authors in collaboration, in which the individual contributions are indistinguishable from each other.
