[2011]DLSC2643 • June 1, 2011 • Supreme Court •
PEARSON EDUCATION LIMITED vs. MORGAN ADZEI
The respondent, author of the novel 'Woes of the African Mother' published in 1982, claimed that the appellant's publication 'Gateway to English for Junior Secondary Schools Pupil's Book 3' included a summary of his novel as Appendix 6, which infringed his copyright. The novel had been prescribed by the West African Examination Council for Basic Education Certificate Examination. The respondent alleged that the appellant's summary rendered the recommended purchase of 450,000 copies of his novel nugatory, causing him loss and damage. The trial court found infringement but limited remedies due to the edition already in use. Damages were awarded after inquiry. The Court of Appeal dismissed the appellant's appeal, leading to the present Supreme Court appeal.
read moreDR. 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 sectio.....