Court dismisses N5bn copyright suit against gospel singer Sinach over ‘Way Maker’

The Federal High Court in Lagos has dismissed a copyright suit filed against gospel singer Osinachi Joseph Egbu, popularly known as Sinach, over her globally acclaimed song, Way Maker, affirming her as the sole author and owner of the work.

In a judgment delivered by Justice A. Lewis-Allagoa in Suit No. FHC/L/CS/402/2024, the court rejected claims by music producer Michael Oluwole, who sought to be recognised as a co-author and co-owner of the song.

Oluwole had asked the court to declare him a joint owner of Way Maker, grant him an equitable share of revenues generated from the song through licences and assignments, award him ₦5 billion in general damages for alleged infringement of his performer’s rights, and make other related orders.

However, the court held that the plaintiff failed to establish authorship or co-ownership of the musical work.

Justice Lewis-Allagoa found that Way Maker had already been written and performed by Sinach, including at an earlier performance in South Africa, before Oluwole was engaged to mix and master the song for its commercial album release in 2015.

The court held that the plaintiff was hired under an oral agreement and was duly paid for the technical services he rendered.

In its ruling, the court clarified that copyright authorship belongs to the person who creates the original expressive elements of a musical work, including its melody, lyrics, harmony or arrangement.

It further held that producers, sound engineers or session contributors do not automatically become co-authors by providing technical or instrumental support unless they contribute original creative expression to the work.

The judge noted that the plaintiff’s own testimony confirmed that Sinach brought an already existing song to him for production and mastering.

Describing the suit as “gold-digging and unmeritorious,” Justice Lewis-Allagoa dismissed all the claims brought by the plaintiff.

Sinach was represented by Senior Advocate of Nigeria, Emeka Etiaba, alongside Omolola Aderolu and O.G. Ofomata, while Matthew Enilobo appeared for the plaintiff.

Following the judgment, Sinach and Gosgem Records, through a statement, welcomed the decision and commended their legal team for securing the favourable verdict, describing it as a reaffirmation of the singer’s sole authorship and ownership of Way Maker.