PEARSON EDUCATION LIMITED
V.
MORGAN ADZEI

(2011) JELR 106945 (SC)

Supreme Court 1 Jun 2011 Ghana
BriefBot icon

BriefBot Summary

Free

- This case involves a claim of copyright infringement in Ghana. - The appellant argues that copyright law does not extend to the facts of the case because what was reproduced is no more than an idea. - The court needs to clarify and apply

Case Details

Suit Number:CIVIL APPEAL NO: CA J4/17/2010
Judges:DATE-BAH JSC (PRESIDING) DOTSE JSC ANIN-YEBOAH JSC ARYEETEY JSC AKOTO-BAMFO (MRS) JSC
Counsel:KWAMI ADOBOR FOR THE APPELLANT; EKOW AWOONOR (WITH GODWIN DZOKOTO) FOR THE RESPONDENT.

JUDGMENT

DR. DATE-BAH JSC

Introduction

This case is of seminal importance in determining the reach of copyright law in Ghana. The appellant has resisted the respondent’s claim of infringement of copyright with several defences, but the one which has attracted my attention most is that which asserts that the protection of copyright law does not extend to the facts 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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.