How Nigerian Hotels can Avoid Copyright Lawsuits Over Music & Broadcasts

A recent decision by the Federal High Court in favor of a popular Lagos hotel underscores the importance of adopting a strategic approach to music and content broadcasting within the premises of Nigerian hotels, clubs, restaurants, and entertainment centers. In that case, a copyright collection society sued the hotel for playing music within its premises without paying royalties to music copyright holders. The Court dismissed the claim, offering important clarity for hotel operators ( the "Judgment"). 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 that have negotiated licenses with copyright collection societies to play or broadcast music or other entertainment 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 the 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 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 centres do not take IP-related demand notices seriously until they’re sued. A pre-emptive 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 organizations that 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 in Nigeria's hospitality industry highlight the need for Nigerian hotels to adopt a strategic approach to music and content broadcasting.  

Balogun Harold's insights are shared for general informational purposes only and do not constitute legal advice. For tailored guidance, please contact our Brand Protection and IP Lawyers at bhlegalsupport@balogunharold.com.