Award-winning Nigerian gospel singer and songwriter, Sinach, is facing a 5 billion Naira lawsuit from music producer Michael Oluwole, also known as Maye, over accusations of copyright infringement related to the popular track, “Way Maker.”
The court proceedings for this case are scheduled to commence on Wednesday, November 27, 2024.
The lawsuit, numbered FHC/L/CS/402/2024, seeks a declaration from the court that Sinach is both the author and co-owner of the song “Way Maker.”
Maye is demanding a total of N5 billion in general damages for the alleged infringement of his rights, along with additional compensation.
Among his demands, he is asking the court to order that any earnings from licensing or copyright assignments of “Way Maker” be divided equally between him and Sinach in the absence of a written agreement between the two parties.
He also wants the court to:
1. Determine an equitable division of licensing fees, either as an equal share or another division the court finds fair.
2. Force the defendant to disclose all licenses and copyright assignments related to “Way Maker,” account for all accumulated fees, and pay the plaintiff his rightful share.
3. Declare that the defendant failed to formalize written agreements for the plaintiff’s contributions to the sound recording.
4. Affirm that the plaintiff’s performer’s rights have been violated.
5. Issue a perpetual injunction to prevent the defendant from further reproducing, distributing, or publicly performing “Way Maker” or any adaptations of the song.
In his defense, Maye, represented by lawyer Justin Ige of Creative Legal, claims that he worked as a studio engineer on “Way Maker,” contributing to the recording, mixing, and mastering of the song, as well as creating several instrumental pieces, including piano, strings, and synthesizers. He argues that these contributions were made without transferring his performer’s rights.
Furthermore, Maye alleges that Sinach commercially released “Way Maker” in December 2015, incorporating his instrumental work without compensation or an agreement, and that she has since licensed the song without sharing the profits. He describes her actions as deliberate and oppressive.
In response, Sinach, represented by lawyer Emeka Etiaba (SAN) of Etiaba Chambers, denies the allegations. She asserts that she was already globally recognized before the release of “Way Maker” and claims sole authorship of the song, which she says was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, prior to Maye’s involvement.
Sinach argues that his role as a producer was confined to mixing the master recording, a task for which he received payment, and she denies any responsibility to sign a written agreement with him, asserting that he does not have any rights to the performer’s, copyright, or publishing rights.
“Way Maker” has achieved worldwide success, becoming the first Nigerian gospel song to exceed 100 million views on YouTube by March 2019. It has won multiple prestigious 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” emerged as one of the most-played songs in U.S. churches and was performed during a Minneapolis protest in honor of George Floyd. The resolution of this lawsuit could establish a significant legal precedent for intellectual property rights within Nigeria’s music industry.
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