Copyright Protection for Creative Works within the Digital Age: A Case Study of Akrobeto’s Laughter Video

Introduction

In today’s fast-paced digital world, where content spreads in seconds and ideas are shared across borders, understanding copyright is more important than ever. Copyright serves as a crucial safeguard, protecting the interests of creators by granting them the legal right to own, control, and benefit from their original works. It ensures that creators can maintain control over how their creations are used, preventing misuse and ensuring that ideas are shared responsibly. Yet, it also fosters innovation by allowing others to build on those ideas while respecting the rights of the original creators.

In Ghana, copyright law is primarily governed by the Copyright Act, 2005 (Act 690), alongside relevant international agreements such as the Berne Convention, to which Ghana is a signatory. Together, this legal framework seeks to protect the rights of creators and owners of original works, while also promoting the free flow of ideas, innovation, and creativity.

Key Points

Background

The backbone of copyright protection in Ghana is outlined in Sections 1 and 2 of the Copyright Act, 2005. These sections define the types of works that can be protected under copyright and set the conditions under which they qualify. Section 1 outlines a broad array of works that can be protected, from literary, artistic, and musical works to sound recordings, audio-visual works, and even computer software. However, the protection does not extend to ideas or concepts—only the specific expression of those ideas can be safeguarded.

Key Criteria for Copyright Protection

For a work to qualify for copyright protection under the Act, it must meet three essential criteria:

**Originality**: The work must be the result of the author’s independent effort. It must reflect the author’s skill and judgment, even if it’s not necessarily novel or groundbreaking. This means that a work can be considered “original” even if it’s not entirely unique.

**Fixation**: The work must be fixed in a tangible form, whether it’s written down, recorded, or expressed in some permanent medium.

**Connection to Ghana or International Obligation**: The work must be created by a citizen or resident of Ghana, first published in Ghana, or otherwise protected under international treaties that Ghana is a party to.

The case of University of London Press Ltd v University Tutorial Press Ltd (1916) 2 Ch. 601 provides important insight into the concept of originality. The court ruled that originality in copyright does not require novelty, only that the work is a product of the author’s own effort and skill, rather than being mechanically copied.

Analysis

The Case of Laughter: Can It Be Copyrighted?

At first glance, the idea of copyrighting something as natural as laughter might seem far-fetched. After all, laughter is a spontaneous, human reaction, often unplanned and simple. Yet copyright law does not protect ideas or natural phenomena—it protects creative expression. This distinction becomes especially clear when we consider the difference between a natural sound and the process of recording it.

In the case of Akrobeto’s famous laughter video, the question of whether the laughter can be copyrighted is intriguing. On its own, laughter cannot be copyrighted because it is a natural, spontaneous occurrence. But once that laughter is captured and recorded specifically in a creative setting like a television broadcast, things change. Copyright law does not protect the laughter itself but the technical and creative effort involved in its recording. This video can be classified as an audiovisual work under Section 1 of Act 690, which is defined as: “A work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, capable of being made visible, and were accompanied by sounds capable of being made audible.”

Audiovisual Work as a Creative Act: Does It Pass the Originality Test?

Recording the audiovisual work is not a passive process. It requires thoughtful decisions, such as when to press record, where to place the microphone, edit the sound, and present it. In television production, for example, sound engineers and producers play a key role in how a sound is captured and how it’s presented to the audience. These decisions reflect skill, originality, and effort—transforming a simple, spontaneous act of laughter into a sophisticated, finished recording.

Thus, copyright law protects not the laughter itself, but the work done to capture and present it. Even if the sound is a natural, unplanned event, the recording is considered an original work because of the effort involved in its creation. This is a crucial point in copyright law: it recognizes the human effort involved in bringing something into a tangible, reproducible form. The result is that the person or entity responsible for the recording—often a production company or television station—holds the copyright to the finished product.

In essence, copyright law draws a clear line between the protection of natural phenomena and the protection of creative expression. While laughter itself, as a natural human reaction, is not copyrightable, its recording can be. This distinction allows copyright to protect creative works without granting ownership over everyday human experiences.

This balance is important in the digital age, where content is constantly being produced and shared. It helps creators protect their work, prevents misuse, and ensures that new ideas can continue to flourish. As technology evolves and content creation becomes even more widespread, understanding and respecting copyright law will be essential for maintaining this delicate balance between originality and freedom of expression.

Practical Advice

For content creators and media professionals in Ghana, several practical considerations emerge from this analysis:

1. **Document Your Creative Process**: Keep records of the creative decisions made during production, including editing choices, sound engineering, and presentation decisions.

2. **Understand Fair Use Limitations**: Familiarize yourself with the specific provisions of Act 690 regarding fair use to ensure compliance when using others’ works.

3. **Register Your Works**: While copyright protection is automatic in Ghana, registration provides additional legal benefits and evidence of ownership.

4. **Clear Rights for Collaborative Works**: Establish clear agreements regarding copyright ownership when working with multiple creators or production teams.

5. **Monitor Digital Distribution**: Actively monitor how your audiovisual works are being used online and take appropriate action when unauthorized use occurs.

FAQ

Conclusion

The case of Akrobeto’s laughter video illustrates the nuanced nature of copyright protection in the digital age. While laughter itself, as a natural and unoriginal human act, cannot attract copyright protection, the recording of that laughter may nevertheless be original. This originality lies in the manner in which the laughter is captured and presented. Copyright law protects the expression of an idea or event, rather than the raw event itself. Accordingly, the audiovisual recording embodies independent skill, judgment, and effort through creative choices in terms of the manner of recording, sound capture, editing, and overall presentation.

As established in University of London Press Ltd v University Tutorial Press Ltd, originality does not require novelty; rather, it requires that a work originate from the author’s own intellectual effort and not from mere mechanical copying. The video, as an audiovisual work, therefore meets the originality threshold and qualifies for copyright protection.

This case study demonstrates how copyright law continues to evolve to address new forms of creative expression in the digital era, balancing the protection of creators’ rights with the public interest in access to information and cultural expression.