In a recent judgment, the Federal High Court of Nigeria, Lagos Division, has clarified that not every person involved in the creation of a musical work is necessarily an author or co-owner. The case involved Micheal Oluwole, a studio engineer, and Mrs. Osinachi Joseph Egbu, popularly known as Sinach, over the musical work titled "Way Maker". Oluwole had claimed that his contributions to the song, including working on melodies and instrumental parts, made him a co-author and co-owner.
According to the court, Oluwole commenced the action on 8 March 2024, seeking declarations that he was an author and co-owner of "Way Maker", an equitable division of income derived from the work, and ₦5 billion in general damages. The court found that before Oluwole's involvement, Sinach had written, composed, and performed "Way Maker" in South Africa. Oluwole was engaged to work on the existing song, providing sound production, mixing, and mastering services.
The court noted that the parties did not execute a written agreement setting out the terms of the engagement or their respective interests in the work. Oluwole's contributions, including working on melodies and parts of several musical instruments used as accompaniments to Sinach's vocals, were considered creative but not sufficient to confer authorship or co-ownership. The court held that authorship resides in the original creative mind responsible for the intellectual creation.
The court distinguished between material contributions to a musical work and authorship, stating that a producer, engineer, session musician, or sound technician may contribute materially to the finished product without becoming an author. Unless they create original expressive content, they do not acquire authorship. In this case, the court found that Oluwole's role was limited to producing the existing song as a musical work for an agreed fee, which he was paid.
The court rejected Oluwole's claim that his engagement went beyond technical mixing and mastering services, finding that Sinach's vocals and Oluwole's melodies and instrumental accompaniments were distinct but not inseparable elements of the musical work. The court also noted that payment for Oluwole's services did not extinguish or transfer the copyright in his creative contribution, but in this case, Oluwole failed to establish that he was an author or co-owner of "Way Maker".
The court ultimately held that Oluwole's claim to authorship of "Way Maker" was "gold-digging and unmeritorious". The court resolved the issue in favor of Sinach, dismissing Oluwole's claims. The judgment was delivered by Justice Lewis-Allagoa.
The case highlights the importance of clear agreements and understandings between parties involved in the creation of musical works. It also underscores that material contributions to a musical work do not necessarily confer copyright ownership or authorship. The court's decision provides guidance on the distinction between authorship and material contributions in the context of Nigerian copyright law.
Key points
- The Federal High Court of Nigeria has ruled that not every material contribution to a musical work confers copyright ownership or authorship.
- The court's decision emphasizes that authorship resides in the original creative mind responsible for the intellectual creation.
- The case highlights the importance of clear agreements and understandings between parties involved in the creation of musical works.
