High Court orders UPSA to desist, pay compensation over copyright infringement

The High Court, presided over by His Lordship Rev. George Ampiah-Bonney, has found the University of Professional Studies, Accra (UPSA), liable for the unauthorized reproduction of copyrighted materials without proper licensing.

The court accordingly ordered the university to pay compensation to the plaintiff for the loss of reprographic fees due to its members for each academic year from 2004/2005 until the final determination of the suit.

Additionally, the university was restrained from providing photocopying services at its libraries, faculties, or any copy shops or locations on campus without first obtaining a reprographic license from the plaintiff.

Case Overview

The lawsuit was initiated by the Reprographic Rights Organisation of Ghana (CopyGhana), a body representing the interests of authors and publishers.

CopyGhana alleged that UPSA facilitated the widespread photocopying and digital duplication of academic texts on its premises—including libraries, academic departments, and commercial copy shops—without securing the legally required reprographic license.

These duplications, according to the plaintiff, violated the exclusive reproduction rights granted to copyright holders under both Ghanaian law and international frameworks such as the Berne Convention.

Despite continuous negotiations since 2004 urging UPSA to comply with licensing requirements, the university remained non-compliant. In contrast, other tertiary institutions across the country adhered to the law by obtaining licenses and remitting the appropriate fees.

The plaintiff, therefore, sought the following reliefs:

A declaration that the mass digital and photocopying of literary works by students and lecturers using photocopier machines for teaching and learning at the university’s libraries, faculties, and private copy shops on the defendants’ campuses, without first obtaining a license, constitutes an infringement of the exclusive reproduction rights of authors and publishers under Ghana’s copyright laws.

A declaration that the plaintiff is entitled to compensation, as assessed by the Court, from the defendants for the loss of reprographic fees due to its members for each academic year from 2004/2005 until the final determination of the suit.

A perpetual injunction restraining the defendants from providing photocopying services at their libraries, faculties, or copy shops, or from any location on their campuses, without first obtaining a reprographic license from the plaintiff.

An award of costs for bringing the action, including full recovery of solicitor’s fees.

Court’s Decision

In its judgment, the court granted all the claims brought by CopyGhana as follows:

A formal declaration that the unlicensed copying at UPSA constitutes copyright infringement.

An order directing UPSA to pay compensation for unpaid reprographic fees dating back to the 2004/2005 academic year.

A permanent injunction barring UPSA from facilitating or permitting photocopying on campus without a valid license from CopyGhana.

An award of GH¢20,000 in legal costs to CopyGhana.

You may read the full case here.