This paper provides an insight into the test of originality, dwelling on the perspectives from three common law countries. These perspectives are measured against the United States threshold of originality, using the Academy Logo (the Work) as a mirror. In the main, the paper argues that even though the U.S. standard, set for satisfying the requirements of originality, particularly for derivative works, is high and difficult to meet, the test of originality under the common law is equally not of a low threshold. Nonetheless, whereas common law, in many respects, attempts to reward labour, the U.S. test on originality leans towards the progress of science and useful arts.
There is a plethora of literature on the state of legal education in Africa. Many of such works deal with structural defects in the legal educational system whereas others focus on content analysis of legal education curricula. These works are unanimous that the state of legal education in Africa requires a review of the system to meet local needs. In this paper we reiterate the issue of local content and argue that if legal education is to serve Africa well, then, it must be tailored to meet her local and contemporary needs. By extension, we also explore the missing links between legal education and development. Using Ghana and other African countries in a comparative discourse, it is our view that beyond the lamentations on the poor state of legal education in Africa lies the need for reforms. Such reforms, as is hoped, would advance Africa's development in areas where she falls short.
This paper considers how the Ghanaian courts have, over the years, dealt with copyright law cases in Ghana. It argues that though this area of law is at its inception stage in Ghana, its development depends, to a large extent, on the attitude of the Ghanaian courts. Thus, using an interpretive paradigm mainly through an examination of some Ghanaian cases on the subject, the paper concludes that the future of copyright law lies in the hands of the Ghanaian courts.
This paper is a rehash of the existing debate on whether or not the church should be subject to tax. Unlike many others, the paper approaches the issue from a legal perspective and explores the relevant principles of taxation as established by statutes and case law in Ghana. In the main, this paper argues that given that majority of the churches in Ghana engage in transactions which may be properly classified as business, the Commissioner of Income Tax is empowered by law to demand tax from the church in respect of the income accruing therefrom. Thus, using the interpretive paradigm mainly through interviews, observation as well as reliance on statutes and case law, the paper concludes that transactions such as the taking of service fees, sale of anointing oil and other religious products constitute trade and the income arising thereto must be subject to tax.
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