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2016 Constitution of the

Ghana Music Rights Organisation

PREAMBLE

With faith in God;

Believing in the Creative talents of human beings;

In common the good of all authors, composers, publishers, producers and performers of musical works;

And believing in the right of every citizen to freedom of conscience, association and expression;

We the members of the Society:

HEREBY ADOPT UNTO OURSELVES AND PROMULGATE

THIS CONSTITUTION.

VISION:

Ghana’s Music Advocate – The trusted partner for Music Rights whenever, however and wherever music is played

MISSION:

Protect, promote and develop the collection and distribution of music royalties. Foster creation promote the value of music to the

creative, cultural and business sectors of Ghana


ARRANGEMENT OF ARTICLES

PRELIMINARY MATTERS

  1. The name of this Society (hereinafter also called “Society”) is the “Ghana Music Rights Organisation” (GHAMRO).

1.1       This Constitution and its Rules and Regulations shall be the supreme law of the Ghana Music Rights Organization (GHAMRO) and shall govern the management and operations of this Society.

INTERPRETATION

2.1       In this Constitution, unless the context or subject otherwise requires:

 "Affiliated Society" means any of the societies in other countries, having objects similar to those of the Society, with which the Society is for the time being affiliated.

“Artistic Work” shall mean a graphic work, photograph, sculpture or collage, irrespective of its artistic quality; a work or architecture, being a building or a model of a building, irrespective of its artistic quality; any work of artistic craftsmanship whether or not falling within this definition, and irrespective of its artistic quality.

 “Associate Member” means a Member of the Society elected to associate membership pursuant to Article 5 herein, and having the rights, privileges and obligations provided for associate members by this Constitution.

 “Author” shall mean, unless otherwise defined herein, an author as defined in the Copyright Act, 2005 (Act 690) as amended from time to time.

 “Constitution” means this Constitution, the Memorandum of Association, articles of Association, Rules and Regulations of the Society.

 "Board" means the Board of Directors for the time being of the Society, as constituted and authorised to act pursuant to this Constitution. The Board shall from time to time make rules and regulations for the effective and smooth operation of the Society.

 "Provisional Member" means a member of the Society elected to provisional membership pursuant to Articles 4 and 5 of this Constitution, and having the rights, privileges and obligations provided for provisional members by this Constitution.

 “Communicating to the public” includes the transmission by wire or without wire of the images or sounds, or both, of a work, a performance, a sound recording or a broadcast 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 acquaintance at a place or places so distant from the place where the transmission originates that, without the transmission, the images or sound would not be perceivable and, further, irrespective of whether the persons can receive the images or sounds at the same place and time, or at different places or times individually chosen by them.

 "Companies Code" means the Companies Act, 1963 (Act 179) of Ghana (as amended from time to time).

 “Composing section” mean members consisting of:

 “Writer/Composer” means the person who first makes or creates the music.

“Music publisher” means a person who publishes musical work or any musical expression of folklore in accordance with the Copyright Regulations 2010, (L.I 1962) or subsequent amendments thereto.

“Author of a musical work” means the composer of a musical work, or the person by whom the arrangements necessary for the creation of a musical work whether or not the musical work is computer generated is undertaken.

 “Performing section” mean members consisting of:

 “Music performer” means a singer, musician or other person who sings, delivers, declaims, plays in or otherwise performs literary, musical, artistic works or any expression of folklore.

“Phonogram producer” means a person who undertakes the initiative and responsibility for the making of phonograms in accordance with the provisions of the Copyright Act, 2005 (Act 690) and is accredited as a producer as required by the Copyright Regulations 2010 (L.I. 1962) or subsequent amendments thereto.

 “Copyright Act” means the Copyright Act, 2005 (Act 690) including its amendments thereto.

 “Director” means a member of the Board.

 “Distribution” means any distribution which may, pursuant to the Rules, be made among the Members and affiliated societies out of the monies received by the Society in respect of the exercise of the rights, license or authorization granted by members/assigns of the Society.

 “Executive Committee” means the Executive Committee for the time being of the Society, as constituted and authorized to act pursuant to this Constitution.

 “Film synchronisation right" means in respect of any work the right to reproduce the work in any part of the world on the sound track of any cinematograph film.

 "Full Member" means a member of the Society being a subscriber to the Memorandum of Association or elected to full membership pursuant to Article 5 of this Constitution, and having the rights, privileges and obligations provided for members by this Constitution.

 “Literary Work” shall mean any work, other than a dramatic or musical work, which is written, spoken or sung, and accordingly includes a table of compilation and a computer programme.

 “Mechanical/reproduction right" means in respect of any work the right to make in any part of the world a recording embodying that work.

 "Member" means and includes a full member, Associate member and a provisional member.

 "Membership" means membership of the Society.

 “Musical Work” shall mean a work consisting of music, inclusive of or any words or action intended to be sung, spoken or performed with the music.

 "Performance" includes, unless otherwise stated, any mode of acoustic   presentation, including any such presentation by means of broadcasting or the causing of a work to be communicated to the public, or causing the work to be transmitted to subscribers through a diffusion service or by the exhibition of a cinematographic film, or by the use of a recording, or by any other means and references to "perform" and "performing" shall be construed accordingly.

 “Public performance” means (a) in the case of musical work, the recitation, playing, dancing, acting or otherwise performing the work, either directly of by means of any device or process; (b) in the case of sound recording, making the recorded sounds audible, 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 Copyright Act, 2005 (Act 690).

 “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, dancehalls, bars, clubs, sports grounds, holiday resorts, circuses, radio stations, restaurants, and commercial banking and industrial establishments.

 "Performing right" means and includes the right of performing in public, broadcasting, communicating to the public and causing to be transmitted in a diffusion service, in any parts of the world, by any means or in any manner whatsoever, of any musical works or parts thereof.

 “Proprietor” means any person, juristic or otherwise, who owns or controls in the Republic of Ghana (and any other country or territory) the copyright in works or any interest in such copyright works.

 “Recording" has the meaning assigned to it by the Copyright Act, 2005 (Act 690) as amended.

 “Republic" means the Republic of Ghana.

 “Rights holder” means the holder of any rights protected by the Copyright Act, 2005 (Act 690) and shall be the owner of copyrights as defined in the Copyright Act, 2005 (Act 690).

 "Rules" means the Rules from time to time made for the purposes mentioned in this Constitution.

 "Secretary" means any person appointed to perform the duties of the Secretary of the Society.

 "Society" means the Ghana Music Rights Organization (GHAMRO).

 "Sound Recording” includes works that result 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.

2.2       Words or expressions contained in this Constitution shall bear the same meaning as in the Companies Act (Act 179), the Copyright Act, (Act 690) or any statutory modification thereof.

2.3       Expressions referring to writing shall be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form.

2.4       Words importing the singular number include the plural number, and vice versa.

2.5       Words importing the masculine gender include the feminine.

2.6       Words importing persons include corporations and other legal entities.

2.7       “Article” means an article of this Constitution.

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