The Impact of Legal Deposit and Copyright Laws on Ghanaian Libraries

Kosi A. Kedem

Ghana’s Book and Newspaper Registration Act (1961), and the Copyright Law (1985) have relevance to library development, since both laws are concerned with the collection and preservation ofthe nation’s literature. In practice, both pieces of legislation have had disappointing results. The 1961 Act is not being enforced, so publishers have stopped depositing their publications as required. (One reason is that the fine for noncompliance remains fixed at a pre–inflation level, equivalent to $US 8.00 today.) Further, those publications that have been deposited are not properly handled; the Registrar–General has not created a professional depository, and deposited materials that are sent to his office are housed casually.

The Book and Newspaper Registration Act was thorough in its intent: to bring about registration and deposit of every book, "pamphlet, sheet of letterpress, newspaper, sheet of music, map, chart, or plan." Producers were required to send deposit copies within one month of issue to the Ghana Library Board, the University College of the Gold Coast (now University of Ghana), and the Registrar–General. A 1963 amendment increased the number of depositories to seven, by adding the libraries of the University College of Cape Coast, the Kwame Nkrumah University of Science and Technology, the Kwame Nkrumah Institute of Economic and Political Science, and the Ghana Academy of Science.

In addition to the trifling penalty imposed on publishers who fail to comply, the Act has a serious flaw. It exempts government publications, the category that constitutes the bulk of publication in Ghana.

Several recommendations are called for:

  1. Except for classified documents, government publications should be included in the scope of the Act;
  2. Fifteen copies of government publications should be deposited, rather than three, so that extra copies can be used for international exchange;
  3. The National Library should be bound to retain and preserve all materials received on deposit, and make them available to the public, and publish the titles in the National Bibliography;
  4. An effective system of dealing with violators should be established.

The Copyright Law of 1985 seeks to give legal recognition and protection to authors and creators of original works ("intellectual property"). Coverage extends to works of literature, art, and music; to sound recordings, broadcasts, films, choreographic works, "derivative works and programmecarrying signals." Unfortunately, there is no provision for placement of copyrighted materials in libraries, as there is for deposit items. As a result, there is no organized system that gives the public access to such materials as sound recordings, films, and broadcasts, although they constitute a significant segment of the national heritage.

A useful change in the Copyright Law is recommended: that copyrighted items in any format shall be deposited in the seven libraries designated as depositories under the 1961 Book and Newspaper Registration Act; with the understanding that acceptable copies may be deposited in the case of singular items like works of art.

 About the Author

Kosi A. Kedem is a Sub–Librarian (Senior Lecturer), University of Ghana, Legan. He has a master’s degree from the University of Ghana, and has also studied at the University of London. Mr. Kedem has been a Senior Librarian at two Nigerian universities, and has served as an information consultant for the United Nations. His publications have appeared in IFLA Journal, Serials Librarian, Ghana Library Journal, Nigerian Libraries, and Zimbabwe Librarian. He presented a paper at the IFLA Pre–Conference Seminar in Stockholm, August 1990. His professional interests include academic and national libraries in the Third World.

© 1990 Kosi A. Kedem