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In a landmark judgment that reaffirms the rights of Nigerian copyright holders and strengthens the creative ecosystem, the Federal High Court sitting in Abuja has upheld the statutory right of the Audiovisual Rights Society of Nigeria (AVRS) to license hotels and other business establishments for the public use of audiovisual works (movies and films) transmitted within their premises via Pay-TV subscriptions.
The court, presided over by Honourable Justice Egwuatu, dismissed the case filed by Reiz Continental Hotel Limited against AVRS, where the hotel sought a declaration that it could not be compelled to pay copyright fees for audiovisual content (movies and films) accessed through subscription-based broadcasting.
In a decisive ruling delivered on Thursday, July 24, 2024, the Court held that AVRS, by virtue of its status as assignees of copyright in several audiovisual works, and approved collective management organisation (CMO) pursuant to Section 88 of the Copyright Act 2022, had demonstrated the legal basis of its licensing activities, and was entitled to issue copyright licences to users of audiovisual works belonging to it, including the Plaintiff (by Reiz Continental Hotel Limited).
The Court rejected the claims of Reiz Continental Hotel that it was merely a recipient of broadcasts from a pay subscription television service, and therefore not liable to any licence from AVRS. The court concluded that Reiz Continental Hotel, operating a hospitality business, which is profit-driven, and possessing several television sets which transmit audiovisual content, its activities were carried out in contravention of sections 11(b), (c) and (f) of the Copyright Act in respect of the rights held by AVRS. The Court also held that the acts of transmission of audiovisual works by Reiz Continental Hotel, since done in the context of business, were in contravention of section 36(1)(a) and (g) of the Copyright Act, unless licensed by AVRS.
The court also held that participation in a collective licensing agreement by the Hotel Owners Forum Abuja (HOFA), of which Reiz is a member, was binding on Reiz and stopped it from denying the validity of the agreement with AVRS.
This critical judgment is not only a legal victory for AVRS and its members, but also a significant affirmation of Nigeria’s commitment to upholding copyright law and protecting creative enterprise. It establishes a strong precedent for copyright enforcement across the hospitality sector and other commercial users of protected content.
Speaking on the decision, legal counsel to AVRS and Principal Partner, Alpha-Edge Legal, Mike O. Akpan, Esq said;
“The judgment delivered by the Federal High Court in Abuja is a significant milestone in the enforcement of copyright law in Nigeria. It brings clarity to an issue that has long been debated within the hospitality and audiovisual sectors: that commercial use of copyrighted audiovisual content—whether via pay-TV or other means—requires proper licensing.
An elated Chairman of AVRS, Mr. Mahmood Ali-Balogun said:
“This judgment is a profound moment for members of AVRS. It affirms the legitimacy of our collective licensing structure and ensures that copyright owners in the film and movie sector are rightfully protected under the law. It strengthens the foundation upon which the creative economy can grow and attract investment.”
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