Sinach faces N5 Billion lawsuit over alleged copyright infringement

International gospel singer, Sinach, has been hit with a 5 billion Naira lawsuit filed by music producer Michael Oluwole, also known as Maye, over alleged copyright infringement related to the hit song “Way Maker.”

Court proceedings for the case are set to begin on Wednesday, November 27, 2024.

In the lawsuit, identified as suit number FHC/L/CS/402/2024, the plaintiff seeks a declaration from the court that he is both the author and co-owner of the song “Way Maker.” Maye is demanding N5 billion in general damages for the alleged infringement of his rights and additional reliefs. 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.

The plaintiff also requests 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 claim, Maye, through his lawyer Justin Ige of Creative Legal, states 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 accompaniments, including piano, strings, and synthesizers. He argues that these contributions were made without a transfer of his performer’s rights.

The producer further 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 proceeds. He describes her actions as deliberate and oppressive.

In response, Sinach, through her 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 maintains that the producer’s role was limited to mixing the master recording, a service for which he was paid, and she denies any obligation to enter into a written agreement with him, insisting that he is not entitled to 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” became one of the most-played songs in U.S. churches and was sung during a Minneapolis protest honoring George Floyd. The outcome of this lawsuit could set a major legal precedent for intellectual property rights in Nigeria’s music industry.