The Musical Copyright Society Nigeria Ltd/Gte (MCSN) has won a major case against some Abuja-based hospitality outfits over the use of copyrighted works.
The case “Bolton White Hotels, Johnwood Hotels Limited and Bolton White Apartments vs MCSN” was heard at the Federal High Court, Abuja, before Justice Emeka Nwite.
In its ruling, the court held that the plaintiffs’ action was “entirely incompetent and it was accordingly dismissed.”
The hotel operators had secured an interim order restraining MCSN from licensing them for the use of musical works and sound recordings in their hotels.
They had also sought to stop the copyright body, its agents or successors 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 plaintiffs further asked for an interlocutory order restraining 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.”
They argued that since they had already subscribed to pay-TV services, they “require no further licence to use music received through pay-TV in their hotel business.”
MCSN filed a 34-paragraph counter affidavit on February 3 and narrowed the matter to one question: “Whether having regard to the circumstance of the case, the Applicants are entitled to the reliefs sought?”
After considering arguments, Justice Nwite declared the suit unmeritorious and struck it out.
The ruling comes weeks after the Audio Visual Rights Society of Nigeria (AVRS) secured a similar win against hotels over the use of audiovisual works.
MCSN has in recent years also pursued lawsuits against big companies like Multichoice Nigeria and Transcorp Hotels, insisting on proper licensing of musical works.
The body is one of the copyright societies licensed by the Nigerian Copyright Commission to manage the rights of music creators.
