The Ghana Hotel Association (GHA) has initiated legal action against the Ghana Music Rights Organisation (GHAMRO) and the Audiovisual Rights Society of Ghana (ARSOG), contesting what it describes as the arbitrary calculation and imposition of royalties on its members.
At the heart of the dispute is GHA’s argument that copyright royalties should be based strictly on the actual usage or public performance of copyrighted materials, as stipulated under Section 37 of the Copyright Act (2006, Act 690, as amended by Act 2009, Act 788) and relevant legislative instruments. However, GHA claims that GHAMRO and ARSOG have been imposing fees based on the number of hotel rooms and star ratings—a method they say is inconsistent with the law and unfairly burdens hoteliers.
Dr. Edward Ackah-Nyamike Jnr., GHA President, revealed during court proceedings that the decision to file the lawsuit was supported by a broad mandate from the Association’s membership, reflecting widespread dissatisfaction with the current royalty assessment practices.
The dispute dates back to 2014 when hotel operators began receiving demands for royalties and license fees calculated without clear reference to actual music or audiovisual usage, prompting complaints that led GHA to seek dialogue with the rights organizations, the Ghana Tourism Authority, and parliamentary committees. Despite these efforts, the Association contends that the royalty bodies continued their controversial assessment methods.
Beyond contesting the basis of royalty calculations, GHA accuses the rights organizations of harassment and legal threats against hotels that resist paying the disputed fees. ARSOG has reportedly taken legal action against some members for alleged non-payment under these contested terms.
GHA asserts that the defendants’ actions violate not only the Copyright Act but also Articles 23 and 296 of Ghana’s 1992 Constitution, which protect property rights and due process. The Association is now seeking a court declaration to restrain GHAMRO and ARSOG from further enforcing these allegedly unlawful royalty assessments.
This case highlights ongoing tensions between Ghana’s hospitality industry and copyright bodies, with significant implications for how creative works are licensed and monetized within commercial spaces.
