Copyright Infringement: Court to hear N5bn lawsuit against singer Sinach

The Federal High Court is set to hear a N5 billion copyright infringement lawsuit against renowned gospel artist Osinachi Joseph Egbu, popularly known as Sinach, on Wednesday, November 27, 2024.

The suit, filed by music producer Michael Oluwole, also known as Maye, is listed as case number FHC/L/CS/402/2024.

Oluwole is seeking a court declaration recognizing him as an author and co-owner of the globally acclaimed song ‘Way Maker’.

The plaintiff is also demanding N5 billion in general damages for alleged violations of his intellectual property rights.

Additionally, Oluwole is requesting the court to issue an order mandating the equitable division of all revenues generated from licenses and copyright assignments of ‘Way Maker’ in the absence of a formal agreement between him and Sinach.

The case has garnered significant attention and is expected to shed light on copyright disputes in Nigeria’s music industry.

The plaintiff also requests the court to: Determine an equitable division of fees as either an equal share or another division the court deems appropriate; Compel the defendant to disclose all licenses and copyright assignments related to ‘Way Maker’, account for all accrued fees, and pay the plaintiff his due share; Declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording; Affirm that the plaintiff’s performer’s rights were infringed upon; Issue a perpetual injunction restraining the defendant from further reproduction, distribution, or public performance of ‘Way Maker’ or any adaptations thereof.

Through his counsel, Justin Ige of Creative Legal, the plaintiff averred that he worked as a studio engineer on ‘Way Maker’, recording, mixing, and mastering the song. He also asserts that he created and performed several instrumental accompaniments, including piano, strings, and synthesizers, without a transfer of his performer’s rights.

The plaintiff alleges that the defendant released ‘Way Maker’ commercially in December 2015, incorporating his instrumental contributions without compensation or agreement. He further claims that the defendant has been granted licenses for the song without sharing the proceeds, describing her conduct as deliberate and oppressive.

In response, the defendant, through her counsel Emeka Etiaba (SAN) of Etiaba Chambers, denies the plaintiff’s claims.

She argues that she achieved global recognition before ‘Way Maker’ and asserts sole authorship of the song, which she says was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, before the plaintiff’s involvement.

The defendant maintains that the plaintiff’s role was limited to mixing the master recording, a service for which he was paid. She denies any obligation to enter into a written agreement with him and insists he is not entitled to performer’s, copyright, or publishing rights.

Sinach’s ‘Way Maker’ has garnered international acclaim, becoming the first Nigerian gospel song to surpass 100 million views on YouTube in March 2019. It has won multiple awards, including the GMA Dove Award for Song of the Year, and has been translated into over 50 languages. The song has been covered by over 60 Christian artists, including Michael W. Smith and Bethel Music.

In 2020, ‘Way Maker’ was among the most-played songs in U.S. churches and served as an anthem during a Minneapolis protest march honoring George Floyd. The court’s ruling on this case could set a significant precedent for intellectual property disputes in the Nigerian music industry.