The Chief Executive Officer of the Ghana Music Rights Organisation (GHAMRO), Jackson Brefo, has stated that churches in Ghana are required to pay royalties for songs they use during services. According to him, the law considers churches as users of music and does not exempt them from royalty obligations. This statement was made during an interview on Joy FM's Showbiz A-Z.
Brefo emphasized that the law is not biased towards any entity and does not mention churches as an exception. He explained that the law requires any person who intends to use the work of an author or causes the work of an author to be performed in public to pay royalties. However, there is a portion for fair use that mentions educational purposes.
When asked about churches' compliance with paying royalties, Brefo mentioned that some orthodox denominations are the most compliant. He specifically named the Church of Pentecost and Assemblies of God as being compliant. However, he noted that some charismatic and Pentecostal churches are difficult to work with in terms of royalty payments.
Brefo believes that if churches are encouraged to pay their royalties promptly, it will help increase the revenue share of gospel music royalties. He urged gospel musicians to impress upon churches to fulfil their obligation to pay royalties. This is not the first time GHAMRO has addressed the issue of churches paying royalties.
In July 2017, the then Chairman of GHAMRO, Rex Owusu Marfo, popularly known as Rex Omar, stated that they were preparing measures to make churches pay royalties for music they used. He argued that churches use musicians' intellectual property and should therefore pay royalties. This issue resurfaced in March 2020, when Rex Omar again argued that churches should be licensed and billed for copyrighted music used during services.
According to Section 37(2) of the Copyright Act, 2005 (Act 690), an owner of copyright is entitled to collect royalties for the live performance of the copyright work or for the public performance of the recorded copyright work. GHAMRO is responsible for administering the rights of music rightsholders in Ghana, including licensing music users, collecting royalties, and distributing them to rightsholders.
The issue of churches paying royalties has sparked debate, with some arguing that it is an additional financial burden on churches. However, GHAMRO believes that it is a necessary step to ensure that music creators receive fair compensation for their work. The organisation will continue to engage with churches and other stakeholders to ensure compliance with the law.
Key points
- Churches in Ghana are required to pay royalties for music used in services.
- GHAMRO CEO Jackson Brefo says some orthodox churches are compliant with paying royalties.
- Prompt payment of royalties by churches can increase the revenue share of gospel music royalties.
