Ghana Hotel Association sues GHAMRO, another over royalties    

The Ghana Hotel Association (GHA) has sued the Ghana Music Rights Organisation (GHAMRO) and Audiovisual Rights Society of Ghana (ARSOG). They claim these organizations impose royalties arbitrarily.

Dr. Edward Ackah-Nyamike Jnr., GHA President, testified in court. He said the lawsuit followed a National Executive Committee meeting. The decision also reflected 34 resolutions from GHA members. He disagreed with the defendants' claims that the lawsuit served only their interests.

The GHA seeks a declaration under section 37 of the Copyright Act, 2006. They argue that copyright royalties should be based on usage or public performance, not on hotel ratings or room numbers.

They want an order to stop GHAMRO and ARSOG from collecting royalties based on these criteria. The GHA states they have been authorized by their members to file this suit.

In 2014, GHAMRO attempted to collect various sums as royalties from GHA members. Many members were unhappy with how these amounts were determined and filed complaints with GHA.

After receiving complaints, GHA engaged GHAMRO to understand their methods for calculating fees. This engagement later included the Ghana Tourism Authority and a Parliamentary Select Committee.

GHA argues that GHAMRO's actions violate how copyright royalties should be assessed. They state that payments must reflect actual usage or public performance of copyrighted material.

GHA claims that ARSOG also imposed fees without following proper procedures outlined in the Copyright Act. This is seen as a breach of fundamental principles regarding royalty assessments.

Members of GHA have resisted these unlawful acts but face harassment from defendants. Defendants are reportedly threatening legal action against them.

ARSOG has taken legal steps against some GHA members for alleged non-payment of royalties. These claims are based on amounts set without proper assessment according to relevant laws.

ARSOG has issued demand notices for payment of audiovisual work royalties without lawful justification. The claimed amounts are said to be arbitrarily assessed by defendants.

GHA emphasizes that these arbitrary impositions violate copyright assessment principles outlined in law. They assert that such actions lack lawful justification and contradict established guidelines for royalty collection.

Furthermore, they argue that defendants' conduct violates both section 37 of Act 690 and Articles 23 and 296 of Ghana's Constitution.