A recent decision by the Federal High Court in favour of a popular Lagos, hotel underscores the importance of adopting a strategic approach to music and content broadcasting in Nigerian hotels, clubs, restaurants and entertainment centres. In that case, a copyright collection society sued the hotel for playing music via DSTV without obtaining an additional license. The Court dismissed the claim, offering important clarity for hotel operators ( the “Judgement“). Here are some quick legal tips to help hospitality businesses avoid similar legal pitfalls.
1. Rely on Licensed Broadcasters Only
Based on the Judgement, it would be prudent for Nigerian hotels to use reputable subscription services who have negotiated licenses with copyright collection societies to play or broadcast music or other shows within the hotel premises. In this case, the Court held that hotels using licensed broadcasters to broadcast music or other shows are not required to pay a second license fee to play music embedded in broadcasts.
2. Keep Proof of Your Subscriptions
Based on the Judgement, it would be prudent for hotel management to document all subscriptions and payments to licensed broadcasters. In the event of a dispute, this evidence will show you’re using content lawfully.
3. Avoid Plugging in Personal Playlists or DJ Sets Without Clearance
Playing Spotify, YouTube playlists, or DJ sets over hotel speakers is not typically covered by broadcasting licenses. Hotels using this approach will require legal guidance specific to their situation as they may not be able to rely on standard third-party broadcast licenses
4. Review Your Entertainment Use
Based on the Judgement, it may be prudent for Nigerian hotels to map out every way music or video content is used within the premises. These may include within TVs in rooms or lounges, live performances, DJs or ambient music in hallways. The objective here would be to match each use with the appropriate coverage or licensing.
5. Engage Legal Counsel Before You’re Sued
Too often, hotels, clubs and entertainment centers do not take IP-related demand notices seriously until they’re sued. A preemptive legal audit of a hotel’s entertainment offerings can save millions in legal fees and monetary damages.
Final Comments
It is crucial for Nigerian hotels to understand the role of Copyright Collecting Societies (CCSs). Generally, collecting societies are authorized under Nigerian copyright law to manage and enforce the rights of music copyright holders. Typically, this would include the collection of royalties from organisations who use the music of copyright holders. Increasingly, hotels are easy targets due to high visibility and frequent music use and collecting societies are stepping up enforcement. Increased enforcement efforts highlight the need for Nigerian hotels to adopt a strategic approach to music and content broadcasting.
Balogun Harold insights are shared for general informational purposes only and does not constitute legal advice. For tailored guidance, please contact our Brand Protection and IP Lawyers at bhlegalsupport@balogunharold.com
