The Federal High Court in Lagos has ruled that a person who contributes materially to the recording of a musical work does not automatically become its author. This decision was made in a copyright suit involving the gospel song “Way Maker”.
The court dismissed a claim to co-authorship and co-ownership of the song, which was brought by Micheal Oluwole, a studio engineer who worked on the recording and production of “Way Maker”.
Background to the Dispute
The dispute arose from Oluwole’s involvement in the recording and production of the song. He provided recording, mixing, and mastering services, and also worked on the melodies and parts of several musical instruments used in the recorded version.
Before Oluwole’s involvement, the song’s writer and composer, Mrs. Osinachi Joseph Egbu (also known as Sinach), had already written and composed the song and performed it in South Africa. She then engaged Oluwole to work on the existing song and provide sound production, mixing, and mastering services.
The parties did not have a written agreement setting out the terms of their engagement or their respective interests in the work. The arrangement was oral, and Oluwole was paid N192,000 on 20 October 2015 and N448,000 on 10 December 2015 for his services.
The Court’s Decision
The court held that material contribution to a recording does not confer authorship. The court stated that “A Producer, Engineer, Session Musician Or Sound Technician May Contribute Materially To The Finished Product Without Becoming An Author”.
Explaining the principle, the court stated that an author is the natural person who creates the intellectual property embodied in a musical work, including its melody, harmony, lyrics or arrangement.
Oluwole’s role was limited to producing the existing song as a musical work for an agreed fee, which he was paid. The court therefore held that he could not sustain his claim to authorship and described the claim as “gold-digging and unmeritorious”.
The court noted that copyright vests in the author from the moment of creation, without the need for registration or formal notice, and confers exclusive rights to reproduce, distribute, perform and license the work.
The summary of the judgment is reported at (2026) 9 CLRN. The court’s decision was delivered by Honourable Justice Lewis-Allagoa, who resolved the issue in favour of the defendant, Sinach.
The plaintiff, Oluwole, had commenced the action on 8 March 2024 by writ of summons and statement of claim, seeking declarations that he was an author and co-owner of “Way Maker”, as well as an equitable division of the income derived from the song.
Counsel for the defendant, Mr. Emeka Etiaba, SAN, argued that the plaintiff’s admission of agreed remuneration for his services and receipt of payment was consistent with an engagement for services, not an agreement for co-ownership.
