Sinach sued for N5bn over ‘copyright infringement’ of song ‘Way Maker’

The federal high court in Lagos has adjourned the “copyright infringement” suit filed against gospel singer Sinach by music producer Michael Oluwole till January 2025.

Oluwole, also known as Maye, filed a N5 billion lawsuit against Sinach over her 2016 hit song ‘Way Maker’.

Maye, in suit number FHC/L/CS/402/2024, seeks a declaration from the court that he is an author and co-owner of the musical work.

He also demands general damages of N5 billion for alleged cumulative infringements of his rights.

The plaintiff is seeking, among other reliefs, an order requiring that, in the absence of a written agreement with the defendant, all fees generated from licenses or assignments of copyright in ‘Way Maker’ be equitably shared between them as co-owners.

“The plaintiff also requests the court to: Determine an equitable division of fees as either an equal share or another division the court deems appropriate,” the lawsuit reads.

“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.

“Declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording; Affirm that the plaintiff’s performer’s rights were infringed upon.

“Issue a perpetual injunction restraining the defendant from further reproduction, distribution, or public performance of ‘Way Maker’ or any adaptations thereof.”

Oluwole, through Justin Ige, his legal representative, said he worked as a studio engineer on ‘Way Maker’, recording, mixing, and mastering the song.

He also claimed that he created and performed several instrumental accompaniments, including piano, strings, and synthesizers, without a transfer of his performer’s rights.

Oluwole alleged that Sinach released the song without his consent or compensation. He also claimed that she had obtained licenses for the song without sharing the proceeds, describing her actions as “oppressive”.

In response, Sinach, through her counsel Emeka Etiaba of Etiaba Chambers, denied the producer’s claims.

The singer maintained that she had achieved global recognition before ‘Way Maker’ and claimed sole authorship of the song. She said the song was composed, arranged, and performed with other artistes such as Nwabude Chude Arinze, before Oluwole’s involvement.

Sinach argued that the Oluwole’s role was limited to mixing the master recording, a “service for which he was paid $300”.

She denied any obligation to establish a written agreement with him and maintained that he is not entitled to performer’s rights, copyright, or publishing royalties.

The trial, which began on November 27, 2024, was adjourned until January 29 and 30, 2025. This was after the court had taken arguments from the prosecution. The adjournment is to enable the defense to present its case.

Born Osinachi Kalu, Sinachi is the first singer to top the Billboard Christian Songwriter chart for 12 weeks.

‘Way Maker’ received three nominations and won ‘Song of the Year’ at the 51st GMA Dove Awards, making Sinach the first Nigerian to win the award.