Barely three weeks after the Audio Visual Rights Society (AVRS) of Nigeria won a legal battle against hospitality outfits over the use of copyrighted works by its members, the Musical Copyright Society Nigeria Ltd/Gte (MCSN) has also won against some hospitality outfits in court.

The attempts by certain users of copyright works to stop Collective Management Organizations (CMO) from licensing them are falling flat on their faces in the courtroom.

In the case of the Bolton White Hotels, Johnwood Hotels Limited and Bolton Apartment vs Musical Copyright Society Nigeria Ltd/Gte (MCSN) in the Federal High Court, Abuja Division, presided over by Honourable Justice Emeka Nwite, the court ruled that the action was entirely incompetent and it was accordingly dismissed.

The Applicants, Bolton White Hotels, Johnwood Hotels Limited and Bolton White Apartments had obtained an interim order preventing MCSN from licensing them for use of musical works and sound recording in their hotels.

The Plaintiff had asked the Court to restrain MCSN whether by itself, servants, privies, successor- in- title, or any one or organization/agency howsoever acting through them or on their behalf, from harassing, intimidating, threatening, and compelling the Plaintiff to enter into contractual relationship with them by forcibly subscribing and procuring from the Respondent, a Copyright Licence which the Plaintiffs do not need for the transaction of their business. The Applicants also sought an interlocutory order of the Court restraining the MCSN from forcing or compelling the plaintiffs to submit to their demands to all together pay the sum of Sixty-four Million, Four Hundred and Three thousand, Six Hundred and Thirty-Four Naira, Fifty-Seven Kobo (64,403,634.57) for which there is no basis.

The Applicants, in addition, based their action on the fact that having subscribed or paid subscriptions to pay-tv, they require no further licence to use music received through pay-tv in their hotel business.

In reaction to the Motion on Notice, the Respondent?s counsel on February 3, 2025 filed 34 paragraphs Counter Affidavit and formulated a sole issue for determination, to wit: Whether having regard to the circumstance of the case, the Applicants are entitled to the reliefs sought?

However after the arguments, Justice Emeka Nwite, agreed with the Counsel to the Respondent and found the suit unmeritorious and consequently struck out the application. (The Nation)

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