Federal High Court to hear N5bn suit against Sinach for alleged copyright infringement

The Federal High Court will hear a N5 billion infringement suit filed against international gospel artist Osinachi Joseph Egbu, popularly known as Sinach, by music producer Michael Oluwole, also known as Maye.

In the proceeding set to start on Wednesday, November 27, 2024, the plaintiff, in suit number FHC/L/CS/402/2024, is seeking a declaration from the court that he is an author and co-owner of the musical work 'Way Maker'. He also demands general damages of N5 billion for alleged cumulative infringements of his rights.

Among other reliefs, the plaintiff is seeking an order mandating that in the absence of a written agreement between him and the defendant, all fees accruing from licenses or assignments of copyright in 'Way Maker' should be divided equitably between them as co-owners.

The plaintiff also requests the court to:
1. Determine an equitable division of fees as either an equal share or another division the court deems appropriate.

2. 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.

3. Declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording.

4. Affirm that the plaintiff’s performer’s rights were infringed upon.

5. 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.