Akrobeto’s laughter video qualifies as protected audiovisual work – Experts

Legal experts have said that the widely circulated laughter video of Ghanaian comedian and actor, Akwasi Boadi, known as Akrobeto, qualifies as a protected audiovisual work under Ghana’s copyright law.

They explained that while laughter itself was a natural human reaction and could not be copyrighted, the recording of the laughter, captured and presented through professional production processes, attracted copyright protection in the digital age.

In an article authored by lawyers Emmanuella Osardu and Olivia Fuachiewah Mintah of Parkwood & Mossane, the experts explained that Ghana’s copyright regime was designed to protect original works while encouraging innovation and responsible sharing of ideas.

They noted that the law did not protect ideas or natural phenomena themselves, but rather the specific way those ideas or events were expressed and fixed in a tangible form.

The law is governed by the Copyright Act, 2005 (Act 690) and supported by international treaties including the Berne Convention.

Osardu and Mintah indicated that although laughter was spontaneous and unplanned, the recorded video of Akrobeto’s laughter qualified for protection as an audiovisual work under Act 690. 

They explained that the creative and technical effort involved in recording, editing, and presenting the sound transformed it into a protected expression.

According to the article, copyright protection in Ghana was based on three key requirements: originality, fixation in a tangible medium, and a connection to Ghana or its international obligations.

The lawyers pointed out that originality did not require novelty, but that a work must result from the creator’s own skill and effort, a principle supported by the English case of University of London Press Ltd v University Tutorial Press Ltd.

They noted that in television and video production, decisions such as microphone placement, timing, sound capture, and editing involved professional judgment and creativity. 

These choices, they said, were what copyright law protected, rather than the spontaneous act of laughter itself.

Consequently, the lawyers said the copyright in such recordings usually belonged to the production company or broadcaster responsible for producing the final work.

They explained that audiovisual works in Ghana enjoyed copyright protection for 70 years, consistent with the capital-intensive nature of production and international standards. 

At the same time, the law permitted limited use of copyrighted material for purposes such as education, research, quotation and news reporting, provided such use followed fair practice and did not undermine the economic value of the work.

Osardu and Mintah concluded that Akrobeto’s laughter video met the copyright threshold due to the independent skill and effort in its production.

They said understanding this distinction was vital as digital platforms increasingly blur the line between everyday experiences and protected creative expression.

Source: GNA

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