In a landmark judgment that reaffirms the rights of Nigerian copyright holders and strengthens the creative ecosystem, a Federal High Court sitting in Abuja has upheld the statutory right of the Audiovisual Rights Society of Nigeria (AVRS) to licence hotels and other business establishments for the public use of audiovisual works (movies and films) transmitted within their premises via Pay-TV subscriptions.
Justice Obiora Egwuatu, who gave the judgment, 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 the ruling delivered on Thursday, July 24, 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 licencing activities, and was entitled to issue copyright licences to users of audiovisual works belonging to it, including the Plaintiff (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.
It held that the activities of Reiz Continental Hotel, operating a hospitality business, which is profit-driven, and possessing several television sets, which transmit audiovisual content, 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.
According to the court, the provision of section 36(1)(g) of the Copyright Act, 2022, renders a person liable for infringement of copyright for performing or causing to be performed for the purposes of trade or business or the promotion of a trade or business, any work in which copyright subsists.
The court further held that participation in a collective licencing 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.
Speaking on the judgment, legal counsel to AVRS and Principal Partner, Alpha-Edge Legal, Mike O. Akpan, said that the 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.
He added that it establishes a strong precedent for copyright enforcement across the hospitality sector and other commercial users of protected content.
Reacting to the landmark judgment, 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 licencing structure and ensures that copyright owners in the film and movie sector are rightfully protected under the law.
“AVRS has always approached licencing with openness, fairness, and a readiness to dialogue. Today’s court decision is a win for our members, the film industry, for Nigerian creators, and for the nation. It strengthens the foundation upon which the creative economy can grow and attract investment.”
