Accra, Dec 11, Ghanadot.com - In an unprecedented move, the stateowned "Daily Graphic" has sued Ms Elizabeth Ohene, a former Editor of the newspaper and currently Minister of State at the Presidency for infringement of the company's copyright.

Graphic Communications Group (GCG), the plaintiffs in the case initiated the action against Ms Ohene for compiling, printing and issuing to the public articles and editorials originaly published by the Daily Graphic and The Mirror, both sister publications of the GCG, into books without the consent of the company.

Mr Joseph Henry Mensah launched Ms Ohene's two books and took a swipe at the poor state of journalism in the country.

Giving the background of the court action, Mrs Cecilia Davies, Solicitor Secretary of GCG said the company was forced to resort to court action because Ms Ohene blatantly refused to heed to their calls to desist from going ahead with the publications after her attention had been drawn to the infringement.

She noted that Ms Ohene, a former  BBC Editor only drew the attention of the company to her compilation when she was about to launch her books to which event she invited the company.

The story, which attracted the front page of the widely circulated Daily Graphic made wide reading with Ms Davies indicating that Ms Ohene again refused, deciding to go ahead, when she was advised not to go ahead with her publications.

"Ms Ohene had no right to compile the articles and editorials as if they were her own because the Graphic Communications Group Limited owned the copyright to those materials," Ms Davies stressed, adding that, " even though she wrote the articles and must have participated in the writing of the editorials, she did that as an employee, for which her services were paid for."

According to copyright laws, where a person creates a work under the employment or contract for service, then in the absence of any contract to the contrary or a license given by the employer, then that work shall vest in the employer or the person who commissioned  the work.

Ms Davies said in Monday December 11, publication of the Daily Graphic that it was "unthinkable for Ms Ohene to compile editorials and articles of the newspaper, which was the collective opinion of the company and not for an individual, for sale to the public as if they were personal to her.

Ms Ohene wrote the editorials as a paid employee and, therefore, the copyright was vested in he company, adding that editorial of any newspaper was the soul of that newspaper and was accordingly, sacred and nobody should be allowed to appropriate it.

Ms Davis was of the opinion that articles and editorials are the intellctual properties of any newspaper organization, which could be founf in the published articles, editorials and other news items which must be protected.

Kweku Paintsil, who filed the writ is praying the court, among other things, an injunction to restrain Ms Ohene from the further reproduction, printing and issuing to the public copies of the two books and other articles, editorials or news items published in the Groups' newspapers.

A random survey by Ghanadot.com at a "Media and Development" Conference in Accra suggested that, perhaps, Ms Ohene was just feeling "too big" to listen to the warnings or alerts from the Graphic Communications Group.

Dr Akoto Ampaw, a legal practitioner and a strong advocate for media freedom, said the case was a clear case of law,  "but the matter can be settled out of court."

Ms Yaa Oforiwah-Peasah, a member of Ghana Journalists Association National Executive said the situation was surprising and noted that: "I am definite that if she had talked to Daily Graphic authorities on the matter they would have sorted it out amicably."