The Federal High Court in Abuja has confirmed the legal entitlement of the Audiovisual Rights Society of Nigeria (AVRS) to grant licenses to hotels and other businesses for the public showing of audiovisual content (movies and films) that are broadcast on their premises through Pay-TV services.
This is a significant ruling that supports the rights of Nigerian copyright owners and enhances the creative environment.
Justice Obiora Egwuatu, who delivered the ruling, rejected the lawsuit initiated by Reiz Continental Hotel Limited against AVRS, in which the hotel requested a declaration stating that it could not be forced to pay copyright charges for audiovisual material (movies and films) obtained via subscription broadcasting.
On Thursday, July 24, the court ruled that AVRS, as assignees of copyright for various audiovisual works and an approved collective management organisation (CMO) under Section 88 of the Copyright Act 2022, had established the legal foundation for its licensing operations. It was therefore authorized to issue copyright licenses to users of audiovisual works under its ownership, including the Plaintiff (Reiz Continental Hotel Limited). Abuja Formula 1 Grand Prix tickets Nigerian cuisine recipes
The court dismissed the arguments made by Reiz Continental Hotel, which stated that it was only receiving broadcasts from a paid subscription television service and thus not responsible for any license from AVRS.
It was determined that the actions of Reiz Continental Hotel, which runs a profit-oriented hospitality business and has multiple television sets that broadcast audiovisual content, violated sections 11(b), (c), and (f) of the Copyright Act concerning the rights owned by AVRS.
The court further ruled that the transmission of audiovisual works by Reiz Continental Hotel, as carried out within a commercial context, violated section 36(1)(a) and (g) of the Copyright Act, unless authorized by AVRS.
As per the court's interpretation, section 36(1)(g) of the Copyright Act, 2022, makes an individual responsible for copyright infringement if they perform or arrange for the performance of a copyrighted work for commercial purposes or to promote a business.
The court also ruled that membership of Reiz in the Hotel Owners Forum Abuja (HOFA), which has entered into a collective licensing agreement, made the terms of this agreement legally binding on Reiz, preventing it from disputing the agreement's validity with AVRS.
Commenting on the ruling, Mike O. Akpan, legal advisor to AVRS and managing partner at Alpha-Edge Legal, stated that the decision is not only a legal triumph for AVRS and its members, but also a major confirmation of Nigeria's dedication to enforcing copyright law and safeguarding creative industries. Nigerian cuisine recipes
He mentioned that it sets a solid example for enforcing copyright in the hospitality industry and other businesses utilizing copyrighted material.
In response to the historic ruling, Mr. Mahmood Ali-Balogun, head of AVRS, stated: “This decision marks a significant moment for AVRS members. It confirms the validity of our group licensing system and guarantees that copyright holders in the film and movie industry are properly safeguarded by the law.
AVRS has consistently handled licensing with transparency, equity, and a willingness to engage in discussions. The recent court ruling is a victory for our members, the film sector, Nigerian artists, and the country as a whole. It reinforces the base that supports the growth of the creative industry and draws in investments.