Gospel Singer Sinach gets filed with N5bn lawsuit

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International gospel artist, Osinachi Joseph Egbu, popularly known as Sinach, was filed a 5 billion Naira lawsuit by music producer Michael Oluwole, also known as Maye for alleged copyright infringement of the popular song ‘Way Maker’. The court proceedings is set to begin on Wednesday, November 27, 2024.

 

The producer otherwise known as the plaintiff, in suit number FHC/L/CS/402/2024, in the court proceedings 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, he also sought 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 denies the plaintiff’s claims through her counsel Emeka Etiaba (SAN) of Etiaba Chambers. 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. Osinachi maintains that the producer’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. Over 60 Christian artists, including Michael W. Smith and Bethel Music, have covered the song.

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.

 

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