Ghana Music Rights Organization (GHAMRO)

RULES AND REGULATIONS

made pursuant to Clause 3(d) of the Memorandum of Association and

Article 53 of the Constitution

RULE 1

In these Rules, unless there be something in the subject or context

inconsistent therewith:

  1. “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.
  2. “Author” includes Adapter and Translator.
  3. “Composer” includes Arranger of non-copyright music.

(cc)     “Copyright Act” means the Copyright Act, 2005 Act 690 as amended

from time to time.

  1. “Distribution” means any distribution which may, pursuant to these 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, licence or authority granted by them to the Society; and “distributed” and “distributable” have corresponding meanings.

    (dA) “Distribution Date” means:

    • in relation to the Rights Revenue directly collected by the Society, the last day of the ninth calendar month immediately following the end of the Society’s relevant financial year;
    • in relation to Rights Revenue received by the Society from any Affiliated society in respect of the exercise outside of the Republic of Ghana of the rights to be administered by the Society in the works controlled, assigned to, or operated by the Society, the last day of the sixth calendar month immediately following the receipt of such amounts.
    • “Dramatico-musical work” means an opera, operetta, musical play, revue or pantomime, in so far as it consists of words and music written expressly therefor.
    • “Board” means the Board for the time being of the Society, as constituted and authorized to act pursuant to the Society's .
    • “In writing” means written or printed, or partly written and partly printed.
    • “Member” means and includes any full Member, associate Member or provisional Member elected to membership of the Society pursuant to the Society's .
    • “Net fee” means the net sum allocated as distributable in respect of a particular work.
    • “Normal basis of division” means the basis laid down by the Board from time to time to regulate the apportionment of the net fees between two or more persons interested in the same work.
    • “Performance” includes, unless otherwise stated, any mode of acoustic presentation, including any such presentation by means of a sound recording, film, communication to the public, or by any other means, and references to “perform” and “performing” shall be constructed accordingly.
    • “Performing right” means, in respect of any work:
      1. the right to perform the work in public;
      2. the right to communicate the work to the public;
      3. all rights in the nature of the rights under (a) and (b) above including any extension or modification of those rights which by virtue of any present or future enactment exist or may exist;
      4. such corresponding rights as exist under the laws relating to copyright in all other countries in the world as in force from time to time;
      5. all accrued causes of action in respect of each of the rights mentioned in Article 1 (xix) (a) to (d) inclusive; and
      6. all parts and/or shares of or interest in each of the rights mentioned in Article 1(xix) (a) to (e).
    • “Persons interested” in a work means and includes any Member whom the Board in its discretion from time to time determines to be the composer, author or publisher of a work as above defined or proprietor of any of the rights in such work which, under the Articles, may be administered by the Society; and any person elected to membership as the successor of a deceased member or other deceased person whom the Board in its discretion determines to have been the composer, author or publisher of such work or proprietor of any such rights in such work; and any Affiliated society.
    • “Proprietor” means a proprietor of any right which may be administered by the Society in any music or in any words which are or may be associated with any music.   

     

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