Copyright Assignment Agreement (Ghana)
Copyright Assignment Agreement
This Copyright Assignment Agreement (this "Agreement") is entered into on [Agreement Date] between:
ASSIGNOR: [Assignor Name], of [Assignor Address] (the "Assignor"); and
ASSIGNEE: [Assignee Name], company registration number [Assignee Reg Number], of [Assignee Address] (the "Assignee").
The Assignor and the Assignee are collectively referred to as the "Parties".
1. Assignment of Copyright
In consideration of the payment described in Clause 3, the Assignor hereby assigns to the Assignee, with full title guarantee, the following copyright works (the "Works"): [Works Description]. The Works fall within the category of [Works Category] and were created on or about [Date Of Creation].
The scope of this assignment is: [Assignment Scope]. This assignment is made pursuant to Section 28 of the Copyright Act 2005 (Act 690) and is in writing as required by that section.
The Assignor shall execute such further documents and do such further acts as may be reasonably required by the Assignee to perfect or record the assignment of copyright, including registration with the Copyright Office of Ghana.
2. Moral Rights
[Moral Rights Waiver], pursuant to Section 10 of the Copyright Act 2005 (Act 690).
3. Consideration
In consideration for the assignment of copyright, the Assignee shall pay the Assignor GHS [Consideration Amount] by way of [Consideration Type].
The Assignor acknowledges that all consideration received for this assignment is subject to income tax under the Income Tax Act 2015 (Act 896) and that the Assignor is responsible for accounting to the Ghana Revenue Authority (GRA) for any tax due on such proceeds.
4. Warranties
The Assignor warrants to the Assignee that: (a) the Assignor is the sole and exclusive owner of the copyright in the Works; (b) the Works are original creations of the Assignor; (c) the Works do not infringe any third-party copyright, trademark, or other intellectual property right; (d) there are no existing assignments, licences, charges, or claims affecting the copyright in the Works; and (e) the Assignor has full power and authority to enter into this Agreement.
The Assignor shall indemnify the Assignee against all losses, damages, costs, and expenses arising from any breach of the warranties in Clause 4.1.
5. Governing Law
This Agreement is governed by the laws of the Republic of Ghana, including the Copyright Act 2005 (Act 690) and the Contracts Act 1960 (Act 25).
Any dispute arising out of or in connection with this Agreement shall be referred to [Dispute Resolution].
Signatures
IN WITNESS WHEREOF the Parties have executed this Copyright Assignment Agreement on the date first written above.
Assignor
________________
Signature
Assignee
________________
Signature
What Is a Copyright Assignment Agreement (Ghana)?
A Copyright Assignment Agreement in Ghana is a legally binding written contract by which the owner of copyright in an original work (the "assignor") transfers all or part of their copyright ownership to another party (the "assignee") for consideration. The Copyright Assignment Agreement (Ghana) documents the specific works being assigned, the rights transferred, the geographic scope and duration of the assignment, the consideration paid, any moral rights waivers, and warranties by the assignor confirming that they own the copyright being assigned and that the works do not infringe third-party rights.
Copyright law in Ghana is governed by the Copyright Act 2005 (Act 690), which provides thorough protection for original creative works created by Ghanaian authors and works created in Ghana. Section 5 of Act 690 sets out the categories of works eligible for copyright protection in Ghana, including: literary works (books, articles, software code, scripts, and other written works); artistic works (drawings, paintings, photographs, sculptures, and architectural works); musical works and sound recordings; audiovisual works (films and videos); broadcasts; and derivative works such as translations and adaptations. Copyright in Ghana arises automatically upon creation of the work without any requirement for registration.
Section 28 of the Copyright Act 2005 (Act 690) governs the assignment of copyright in Ghana. Section 28(1) provides that copyright may be assigned in whole or in part, and that an assignment of copyright must be in writing and signed by or on behalf of the assignor. An oral assignment of copyright is not effective under Act 690. Section 28(2) permits the assignment to be limited by reference to a particular act that the assignee is authorised to do, a particular period of time, a particular geographical area, or any other limitation. The Copyright Office of Ghana, established under Act 690, maintains a voluntary register of copyright assignments; registration creates a public record but is not required for the assignment to be effective between the parties.
Moral rights are distinct from economic rights (the copyright) and are personal to the author under Section 10 of the Copyright Act 2005 (Act 690). Moral rights include the right of attribution (to be identified as the author of the work) and the right of integrity (to object to derogatory treatment of the work). Unlike economic rights, moral rights in Ghana cannot be assigned; they remain with the author even after copyright is transferred. However, the author may waive the exercise of moral rights in writing, and a copyright assignment agreement typically includes a moral rights waiver to enable the assignee to use the work freely without the risk of the author objecting on moral rights grounds.
The Copyright Act 2005 (Act 690) protects copyright for a term of 70 years from the death of the author (for literary, artistic, musical, and audiovisual works). Copyright in works of joint authorship lasts 70 years from the death of the last surviving author. Copyright in broadcasts lasts 20 years from the year of first broadcast. These durations apply to works first published or created in Ghana, and Ghana is a member of the Berne Convention for the Protection of Literary and Artistic Works, meaning Ghanaian copyright is protected internationally in all Berne Convention member countries.
The Income Tax Act 2015 (Act 896) treats consideration paid for a copyright assignment as income subject to tax in Ghana. The Ghana Revenue Authority (GRA) may require the assignor to include proceeds of copyright assignments in their annual income tax return. Where consideration is paid to a non-resident assignor, withholding tax at 20% applies under Act 896. Forms-legal.com provides this Copyright Assignment Agreement (Ghana) template as a compliant starting point for documenting copyright transfers under Act 690.
When Do You Need a Copyright Assignment Agreement (Ghana)?
A Copyright Assignment Agreement in Ghana is required in the following circumstances.
A Copyright Assignment Agreement is needed whenever a company or individual in Ghana wishes to acquire full ownership of copyright in creative works produced by an independent creator — a graphic designer, software developer, photographer, writer, musician, or filmmaker — who was engaged on a freelance or project basis rather than as an employee. Under the Copyright Act 2005 (Act 690), copyright in works created by a freelance creator vests in the creator, not the commissioning client, unless there is a written assignment. Without a written copyright assignment, the client acquires only a licence to use the work, not ownership.
A Copyright Assignment Agreement is required when a company incorporated under the Companies Act 2019 (Act 992) acquires a business that includes intellectual property assets — software, branded content, proprietary designs, or published works — and needs to document the transfer of copyright in those assets as part of the business acquisition or asset purchase agreement.
A Copyright Assignment Agreement is needed when a Ghanaian author, musician, or filmmaker assigns their copyright to a publisher, record label, or film production company in Ghana in exchange for royalties or a lump sum payment. Section 28 of the Copyright Act 2005 (Act 690) requires such an assignment to be in writing to be effective.
A Copyright Assignment Agreement is required when a software development company in Ghana delivers bespoke software to a client and the client requires full ownership of the source code, documentation, and associated creative works. Without a written assignment, the software developer retains copyright in the code under Act 690, regardless of the fact that the client paid for its development.
A Copyright Assignment Agreement is needed by startups and technology companies in Ghana that are preparing for investment due diligence or seeking venture capital funding. Investors and their lawyers conducting due diligence require evidence that the company owns all intellectual property used in its products, including written copyright assignments from all freelancers, consultants, and founders who contributed to the creation of software, content, or other copyright works.
Parties in Ghana should execute a Copyright Assignment Agreement before the assignee begins using the assigned works commercially or before any payment is made. Delay in executing the assignment creates the risk that the assignor transfers the same rights to a third party, and if the third-party assignment is registered with the Copyright Office before the earlier assignment, priority disputes may arise.
What to Include in Your Copyright Assignment Agreement (Ghana)
A valid Copyright Assignment Agreement in Ghana under the Copyright Act 2005 (Act 690) must contain the following essential elements.
Parties: Full legal names of the assignor (the copyright owner transferring the rights) and the assignee (the party acquiring the rights), their addresses, and (if companies) their registration numbers issued by the Office of the Registrar of Companies (ORC) under the Companies Act 2019 (Act 992). The assignor must be the actual copyright owner — either the original author or a party who has previously acquired the copyright by assignment.
Description of Assigned Works: A precise description of the copyright works being assigned — by title, date of creation, medium, and any other identifying information. Vague descriptions (e.g., "all works created by the assignor") may be interpreted narrowly by Ghanaian courts. For software, the description should specify the software name, version, and programming language. For artistic works, a schedule of specific pieces should be attached.
Scope of Assignment: Whether the assignment is of the entire copyright or a partial assignment limited by time, territory, or specific acts (reproduction, distribution, broadcasting, adaptation, public performance). A full assignment transfers all economic rights in the work worldwide for the full duration of copyright protection under Act 690. A partial assignment may be limited, for example, to distribution rights in Ghana for five years.
Moral Rights Waiver: A written waiver by the assignor of their moral rights (right of attribution and right of integrity) under Section 10 of the Copyright Act 2005 (Act 690), to the extent permitted by law, enabling the assignee to use the work without being required to attribute authorship to the assignor or to maintain the integrity of the work.
Consideration: The payment or other consideration provided by the assignee in exchange for the assignment. The consideration may be a lump sum in Ghana Cedis (GHS), ongoing royalties calculated as a percentage of revenue, or a combination. The Income Tax Act 2015 (Act 896) requires the assignor to account for tax on proceeds of copyright assignments.
Warranties: Warranties by the assignor that: (a) the assignor is the sole and exclusive owner of the copyright in the assigned works; (b) the works are original and were created by the assignor; (c) the works do not infringe any third-party copyright, trademark, or other intellectual property right; (d) there are no existing assignments, licences, encumbrances, or claims affecting the assigned copyright; and (e) the assignor has full power and authority to enter into the assignment.
Governing Law and Dispute Resolution: Ghana law, with disputes referred to the High Court (Commercial Division) in Accra or to the Ghana Arbitration Centre. Registration of the assignment with the Copyright Office of Ghana is recommended but not required. Forms-legal.com provides this Copyright Assignment Agreement (Ghana) template as a starting point for compliant IP transfers under Act 690.
Additional compliance elements for a Copyright Assignment Agreement (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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howpublished = {\url{https://forms-legal.com/ghana/business/intellectual-property/copyright-assignment-ghana}},
note = {Free legal document template}
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Frequently Asked Questions
Yes. Under Section 28(1) of the Copyright Act 2005 (Act 690), an assignment of copyright in Ghana must be in writing and signed by or on behalf of the assignor. An oral agreement to assign copyright — even one supported by payment — is not effective as a legal assignment under Act 690. In the absence of a written and signed assignment, the party who paid for a work acquires at best an implied licence to use it in the manner contemplated at the time of payment, but does not become the owner of the copyright. This means the original author retains the right to exploit the work in other ways, to object to modifications, and to transfer the copyright to a third party. Every business in Ghana that commissions creative work from freelancers, consultants, or agencies should ensure that a written copyright assignment is executed before or at the time of payment.
Moral rights under Section 10 of the Copyright Act 2005 (Act 690) are personal rights that protect the relationship between an author and their work, independent of the economic rights (copyright). The two key moral rights in Ghana are: (1) the right of attribution — the right to be identified as the author of the work when it is published, performed, broadcast, or adapted; and (2) the right of integrity — the right to object to any derogatory treatment of the work that is prejudicial to the author's honour or reputation. Moral rights cannot be assigned; they remain with the author even after copyright is transferred. However, the author may waive the exercise of moral rights in writing for specific purposes. A Copyright Assignment Agreement in Ghana should include a moral rights waiver clause to ensure the assignee can use and adapt the work freely without the risk of the author invoking moral rights. The waiver must be in writing and should be specific about the scope of the waiver.
Registration of a copyright assignment with the Copyright Office of Ghana is voluntary — it is not required for the assignment to be legally effective between the assignor and the assignee. However, registration creates a public record of ownership and provides evidence of the date and terms of the assignment. Registration may be important in establishing priority between competing assignments: if the same copyright is assigned to two different parties, a dispute about which assignment takes priority may be resolved by reference to which assignment was registered first with the Copyright Office. Registration also enables enforcement against infringers, who cannot claim ignorance of the assignee's ownership if the assignment is on the public register. The Copyright Office of Ghana is administered under the Ghana Intellectual Property Office, and the registration fee is relatively modest. It is generally advisable to register copyright assignments for commercially significant works.
Under Section 8 of the Copyright Act 2005 (Act 690), where a work is created by an author in the course of employment, the employer is the first owner of the copyright in that work, unless the employment contract provides otherwise. This is the opposite of the position for freelancers and independent consultants, where copyright vests in the creator unless there is a written assignment. The practical implication for Ghanaian businesses is that copyright in works created by employees — including software, reports, marketing materials, and designs — belongs to the employer from creation, without any need for a separate copyright assignment. However, if the work is created by a contractor or consultant who is not an employee under the Labour Act 2003 (Act 651), Section 8 does not apply and a written copyright assignment is required to transfer ownership to the commissioning party.
Under the Copyright Act 2005 (Act 690), the duration of copyright protection in Ghana depends on the type of work. For literary, artistic, musical, and audiovisual works, copyright lasts for 70 years after the death of the author (post mortem auctoris). For works of joint authorship, the 70-year period runs from the death of the last surviving author. For anonymous or pseudonymous works, copyright lasts for 70 years from the year of first lawful publication. For broadcasts, copyright lasts for 20 years from the year of first broadcast. For photographic works and computer-generated works, copyright lasts for 70 years from the year of creation. Ghana is a signatory to the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), meaning Ghanaian copyright works receive reciprocal protection in all member countries of these international conventions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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