Media Production Agreement (Ghana)

A Media Production Agreement in Ghana records the obligations the parties accept and the terms governing their arrangement.

Section 7 of the Copyright Act 2005 (Act 690) vests copyright in an audiovisual work in the author or authors of the work. Where a work is created by an employee in the course of employment, the employer is deemed to be the author for purposes of copyright ownership under Section 10 of Act 690. Where an independent contractor creates content for a client, copyright vests in the contractor unless the parties have agreed in writing to assign copyright to the client. A Media Production Agreement therefore must expressly address copyright assignment or licensing to avoid disputes about ownership of the finished content.

The Copyright Office of Ghana, operating under the Ghana Copyright Office established by Act 690, registers copyright assignments and licences. Although copyright protection in Ghana is automatic from the moment of creation of an original work, registration of copyright assignments with the Ghana Copyright Office provides formal documentary evidence of ownership that is admissible before the High Court (Commercial Division) in Accra and other courts of Ghana.

The National Film Authority (NFA), established under the National Film Authority Act 2016 (Act 935), regulates the production, distribution, exhibition, and export of films in Ghana. The NFA issues production permits and certificates for films produced in Ghana and maintains a register of film producers. A Media Production Agreement for feature films or documentaries intended for commercial distribution in Ghana should account for NFA regulatory requirements under Act 935.

The Ghana Communications Authority (GCA), established under the Electronic Communications Act 2008 (Act 775), licenses broadcasters and regulates content standards for audiovisual material broadcast in Ghana. Content produced under a Media Production Agreement that will be broadcast on television or radio platforms licensed by the GCA must comply with the Broadcasting Standards issued by the National Media Commission (NMC) under the National Media Commission Act 1993 (Act 449) and the Electronic Communications Act 2008 (Act 775).

The National Media Commission (NMC) is the constitutional body established by Article 166 of the Constitution of Ghana 1992 to insulate the media from governmental control and to set and enforce broadcasting standards. A Media Production Agreement for content that will be broadcast must comply with NMC standards on decency, accuracy, and public interest obligations.

The Performers Protection Act 1978 (PNDCL 156) protects the rights of performers — including actors, musicians, and other artistic performers — in Ghana. A Media Production Agreement must address performers' rights, including the right to be credited, the right to object to derogatory treatment, and the need for written consent from performers for the commercial use of their performances under Act 156 and Act 690.

The Data Protection Act 2012 (Act 843) applies where a Media Production Agreement involves the collection and processing of personal data — for example, filming identifiable individuals in public or private locations, or collecting personal data from talent for casting purposes. The Data Protection Commission (DPC) enforces Act 843, and producers must have a lawful basis for processing personal data captured in the course of production.

A Media Production Agreement in Ghana is required whenever a party commissions the creation of audiovisual content from a producer or production company and both parties need clarity on intellectual property ownership, deliverables, payment, and liability under the Copyright Act 2005 (Act 690) and the Contract Act 1960 (Act 25).

A Media Production Agreement is needed when a company, government agency, or non-governmental organisation commissions a corporate video, training film, or promotional documentary from a Ghanaian production company registered with the National Film Authority (NFA) under the National Film Authority Act 2016 (Act 935).

A Media Production Agreement is required when a television broadcaster licensed by the Ghana Communications Authority (GCA) under the Electronic Communications Act 2008 (Act 775) commissions an independent producer to create a television series, documentary, or entertainment programme for broadcast on a licensed Ghanaian channel.

A Media Production Agreement is needed when a music artist, record label, or entertainment company engages a production company to produce a music video, live concert recording, or promotional audiovisual content, with copyright ownership in the finished work to be assigned to the commissioning party under Section 12 of the Copyright Act 2005 (Act 690).

A Media Production Agreement is required when an international co-production involves a Ghanaian production company and a foreign partner, and the parties need a written agreement that addresses copyright ownership, production financing, Ghana Revenue Authority (GRA) tax obligations under the Income Tax Act 2015 (Act 896), and the Ghana Investment Promotion Centre (GIPC) investment registration requirements under the GIPC Act 2013 (Act 865).

A Media Production Agreement is needed when a digital media company or advertising agency commissions online video content, web series, or social media audiovisual campaigns that will be published on digital platforms and monetised through advertising or subscription revenues.

Parties should execute a Media Production Agreement before production commences, not after delivery of the finished content. Courts in Ghana — including the High Court (Commercial Division) in Accra — interpret contracts based on written terms, and oral agreements about copyright ownership are difficult to prove and enforce.

Parties in Ghana should prepare a Media Production Agreement (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. 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). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A binding Media Production Agreement in Ghana under the Copyright Act 2005 (Act 690) and the Contract Act 1960 (Act 25) must contain the following essential elements.

Parties: Full legal names, addresses, and registration numbers of the commissioning party and the production company. Where either party is a company incorporated under the Companies Act 2019 (Act 992), the company registration number issued by the Office of the Registrar of Companies (ORC) should be stated.

Scope of Work and Deliverables: A precise description of the audiovisual content to be produced, including format, duration, technical specifications, number of drafts or edits, and delivery milestones. Ambiguity about the scope of deliverables is among the most common sources of disputes in media production contracts in Ghana.

Copyright Ownership: An express provision stating whether copyright in the finished work and all production materials — including footage, music, scripts, and graphics — vests in the commissioning party (assignment) or is licensed to the commissioning party for specified uses (licence). Under Section 7 of the Copyright Act 2005 (Act 690), copyright vests in the author unless the agreement expressly provides otherwise.

Moral Rights: Acknowledgment of the producer's moral rights under Section 14 of the Copyright Act 2005 (Act 690), including the right of attribution and the right to object to derogatory treatment, and whether the producer waives these rights for commercial purposes.

Payment Terms: The production fee, payment schedule tied to production milestones, and provisions for additional costs such as location fees, talent fees, equipment hire, and post-production costs. Payment of production fees to a non-resident producer may attract withholding tax under the Income Tax Act 2015 (Act 896), administered by the Ghana Revenue Authority (GRA).

Production Schedule: Key dates for commencement of production, delivery of rough cuts, client review periods, final delivery, and any penalty provisions for delay.

Third-Party Rights Clearance: The producer's obligation to obtain all necessary licences, releases, and clearances for music, archive footage, talent performances, location rights, and any other third-party intellectual property used in the production, so that the commissioning party receives a work free from third-party claims.

Confidentiality: An obligation on the producer to keep the commissioning party's business information, scripts, and creative briefs confidential, consistent with the equitable doctrine of confidence recognised by Ghanaian courts.

Dispute Resolution: Choice of the High Court (Commercial Division) in Accra as the governing court, or arbitration under the Alternative Dispute Resolution Act 2010 (Act 798) administered by the Ghana Arbitration Centre.

Forms-legal.com provides this Media Production Agreement template as a starting point for production companies and commissioning parties operating in Ghana. Forms-legal.com provides this Media Production Agreement template as a resource for production companies and clients across Ghana. Parties should seek advice from a solicitor enrolled with the Ghana Bar Association for high-value productions or co-productions with international partners.

Forms-legal.com provides this Media Production Agreement template as a starting point for production companies and commissioning parties operating in Ghana. Parties should seek advice from a solicitor enrolled with the Ghana Bar Association for high-value productions or co-productions with international partners.

Additional compliance elements for a Media Production 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.