Court dismisses N5b copyright claim against Sinach over ‘Way Maker’

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The Federal High Court in Lagos has dismissed the ₦5 billion copyright lawsuit filed by music producer Michael Oluwole, known as Maye, against gospel artiste Mrs Osinachi Joseph Egbu, popularly known as Sinach, regarding her globally acclaimed musical work “Way Maker.”

In Suit No. FHC/L/CS/402/2024, the plaintiff claimed to be an author and co-owner of the song, sought equitable sharing of all fees from licences and assignments, alleged infringement of performer’s rights, and claimed ₦5 billion in general damages among other reliefs. Delivering judgment, Hon. Justice A. Lewis-Allagoa held that the plaintiff failed to prove authorship or co-ownership of the musical work.

The court found that the song “Way Maker” was created and performed by Sinach, including a prior performance in South Africa, before the plaintiff was engaged to mix and master the already existing work for commercial album release in 2015.

The plaintiff was paid for those technical services under an oral agreement. Justice Lewis-Allagoa emphasised that authorship under copyright law vests in the natural person who creates the original expressive content, including melody, harmony, lyrics or arrangement, noting that a producer, engineer or session contributor does not become an author merely by providing technical or instrumental support unless they create original expressive content. The plaintiff’s own evidence and admissions under examination confirmed that Sinach brought an existing song which he then developed into a recorded musical work for a fee.

Justice Lewis-Allagoa described the plaintiff’s case as “gold-digging and unmeritorious” and dismissed the entire suit. Sinach, who was represented by Emeka Etiaba, SAN, with Omolola Aderolu and O.G. Ofomata, denied the co-ownership claims, asserting sole authorship and stating the producer was fully compensated for technical mixing. She argued that she achieved global recognition before “Way Maker” and asserted sole authorship of the song, which she said was composed, arranged and performed in collaboration with other artists before the plaintiff’s involvement.

The Chairman of Slic Inspire Ltd and Gosgem Records, Joseph Egbu, the companies that manage Sinach, together with Sinach, expressed profound gratitude to the legal team led by Emeka Etiaba, SAN, for their diligent and professional representation which secured the favourable outcome. The judgment reaffirms Sinach’s sole authorship and ownership of the musical work “Way Maker.”

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, with the song being 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 honouring George Floyd. The court’s ruling has set a significant precedent for intellectual property disputes in the Nigerian music industry.

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