PETHS NEWS

“Truth In Every Stream”
·

Sinach Wins ‘Way Maker’ Ownership Battle as Court Throws Out ₦5bn Claim

A Federal High Court in Lagos has rejected a music producer’s claim to co-authorship of the globally acclaimed worship song, ruling that technical production assistance does not automatically confer copyright…

A Federal High Court in Lagos has rejected a music producer’s claim to co-authorship of the globally acclaimed worship song, ruling that technical production assistance does not automatically confer copyright ownership.

The Federal High Court in Lagos has dismissed a ₦5 billion copyright infringement lawsuit filed against Nigerian gospel singer Sinach over her international hit song, Way Maker.

Justice Ambrose Lewis-Allagoa ruled that music producer Michael Oluwole, popularly known as Maye, failed to establish that he was a co-author or co-owner of the musical work.

The case, filed as Suit No. FHC/L/CS/402/2024, centred on Oluwole’s claim that his contributions to the production of Way Maker entitled him to copyright ownership and a share of the income generated through licensing and assignment agreements.

He also accused Sinach, whose real name is Osinachi Joseph Egbu, of violating his performer’s rights and demanded ₦5 billion in general damages, alongside several other reliefs. In its judgment, the court found that Sinach had composed and performed Way Maker before Oluwole became involved in the recording process.

Evidence presented during the proceedings showed that the song had previously been performed in South Africa before Oluwole was engaged to mix and master the recording ahead of its commercial release in 2015.

The court also found that Oluwole was paid for the technical services he provided under an oral agreement.

Justice Lewis-Allagoa held that copyright authorship belongs to the individual who creates the original expressive elements of a musical work, including the lyrics, melody, harmony and arrangement.

The judge explained that a producer, sound engineer, instrumentalist or studio contributor does not automatically become a joint author merely by offering technical or production assistance.

Such a contributor must demonstrate that they created original expressive material forming part of the musical composition before they can claim co-authorship.

According to the court, Oluwole’s testimony during cross-examination confirmed that Sinach brought an existing song to him, which he subsequently developed into a commercially finished recording for an agreed fee. Oluwole had asked the court to declare him a co-owner of Way Maker and direct that proceeds from the song’s licences and copyright assignments be shared between him and Sinach.

He also sought an order compelling Sinach to disclose agreements and revenues connected to the song and to pay him what the court considered an equitable portion.

During the trial, the producer maintained that he created and performed some of the instrumental accompaniments used in the recording, including piano, strings and synthesiser elements.

Sinach denied the claims through her legal team, insisting that Oluwole’s role was limited to mixing the master recording and that he had been fully paid for the service.

She maintained that the song had already been composed, arranged and performed before the producer became involved.

After reviewing the evidence, Justice Lewis-Allagoa described the lawsuit as “gold-digging and unmeritorious” and dismissed all the claims against Sinach. Reacting to the judgment, Joseph Egbu, chairman of Slic Inspire Limited and GOSGEM Records Limited, the companies managing Sinach, expressed appreciation to the legal team that represented the singer.

Sinach was represented by Senior Advocate of Nigeria Emeka Etiaba, alongside Omolola Aderolu and O.G. Ofomata.

Her management said the ruling affirmed her position that she was the original creator and sole copyright owner of Way Maker.

The decision concludes the case at the Federal High Court level, although the plaintiff retains the legal right to challenge the judgment on appeal.Released commercially in 2015 and widely popularised in the years that followed, Way Maker has become one of Nigeria’s most recognised contemporary gospel songs.

The worship song has been translated into more than 50 languages and recorded by numerous international Christian musicians, including Michael W. Smith and Bethel Music.

It also won the Song of the Year award at the GMA Dove Awards and became the first Nigerian gospel song to surpass 100 million views on YouTube.

The Federal High Court ruling is expected to attract attention within Nigeria’s music industry, particularly regarding the distinction between songwriting, music production and technical studio contributions in determining copyright ownership.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *