A Federal High Court in Lagos has dismissed a N500 million copyright infringement lawsuit filed by Sir Jude Nnam, a renowned Nigerian gospel music composer, against popular singer Kingsley Okonkwo, also known as KCee, and two other defendants.
The lawsuit alleged that KCee infringed on Nnam’s copyright by incorporating parts of Nnam’s song “Som Too Chukwu” into his own album “Cultural Praise” without authorization.
The case, presided over by Justice Kehinde Ogundare, also included KCee’s record label, Five Star Music Limited, and his brother, Emeka Okonkwo (popularly known as E-Money), as co-defendants.
Nnam sought a court order for the payment of all royalties accrued from KCee’s songs “Som Too Chukwu,” “Otito Diri Chineke,” and “K’Anyị Jee N’Ulo Chukwu” from December 2020, along with a perpetual injunction to prevent further use of the songs.
In his amended statement of claim, Nnam highlighted his notable contributions to the Nigerian gospel music scene, listing several of his works and claiming ownership of the song “Som Too Chukwu,” which he said was originally produced in 2001. He alleged that KCee, without his permission, used parts of this song in “Cultural Praise.”
The defendants, however, denied the allegations, arguing that the phrases in question were taken from the Bible, specifically the Book of Psalms, and could not be subject to copyright. KCee, in his defence, stated that his inspiration for “Cultural Praise” came from his Christian faith and that he had used widely recognized religious phrases from the Bible, over which the plaintiff could not claim copyright.
The defence also argued that there was no resemblance between KCee’s music and the plaintiff’s work, further describing the lawsuit as an attempt to extort and baselessly accuse the defendants.
Justice Ogundare, in his judgment, upheld the defence’s position, ruling that the plaintiff had failed to prove that the defendants had infringed on his copyright.
The judge pointed out that the phrases claimed by Nnam were biblical and could not be exclusively owned. Consequently, the court dismissed the suit and imposed a punitive cost of N1 million on Nnam for his unsuccessful litigation.
Position of the Nigerian Copyright Commission (NCC)
The Nigerian Copyright Commission (NCC) plays a critical role in protecting intellectual property rights within Nigeria. In this case, the court’s ruling underscores the NCC’s adherence to the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004, which outlines the boundaries of copyrightable materials.
While the Act protects original literary, musical, and artistic works, it does not extend copyright to common phrases, religious texts, or public domain material like the Bible. Under this framework, the court’s decision aligns with the NCC’s enforcement of laws that prevent unjustifiable copyright claims over such texts.
The NCC continues to champion the enforcement of copyright laws to protect creative works, particularly in Nigeria’s vibrant music industry. However, cases like this also demonstrate the importance of distinguishing between protectable intellectual property and elements that belong to the public domain.
This case reflects the careful balance that the legal system and the NCC strive to maintain between protecting creators’ rights and ensuring that the public domain remains accessible. The ruling reminds us that not all works can be claimed under copyright law, especially when they involve widely shared cultural or religious content.
Under the new Nigerian Copyright Act of 2022, the case involving Jude Nnam’s copyright infringement claims against Kingsley Okonkwo (KCee) will be addressed within the updated framework provided by this legislation.
The 2022 Act introduces several reforms designed to clarify intellectual property rights and establish more explicit boundaries on what can and cannot be copyrighted. It also introduces modern protections, particularly in the digital age.
Critical Aspects of the Nigerian Copyright Act 2022 Relevant to This Case
- What Can Be Protected:
The 2022 Act extends copyright protection to original literary, musical, artistic, and cinematographic works. For a musical work to be protected, it must show sufficient originality and be fixed in a tangible medium (i.e., written down, recorded, etc.). In the context of this case, Jude Nnam would need to prove that his song “Som Too Chukwu” is an original work that was fixed in a tangible form before KCee’s use of any part of it in “Cultural Praise.” Since the defendants argued that the song used phrases from the Bible, a public domain text, the new law would likely support the court’s dismissal of the case. Public domain materials like religious texts cannot be copyrighted under the Act. - Fair Use and Public Domain:
The new Act retains provisions that exclude certain works from copyright protection, especially when they are derived from public domain sources like religious texts, folklore, or phrases that are common and widely used. KCee’s defence that the song’s lyrics were inspired by the Bible (public domain material) falls under this protection. The court’s judgment, which found that Nnam could not claim copyright over a song containing biblical phrases, is consistent with the principles in the 2022 Act. The Nigerian Copyright Commission (NCC) would also support the view that religious or public domain texts are not copyrightable. - Moral Rights and Attribution:
The 2022 Act upholds the protection of moral rights, which ensures that an author’s work is properly attributed to them, and that their work is not distorted or mutilated. In this case, if KCee had substantially used Nnam’s work without attribution, it would be seen as a violation of moral rights. However, since the court found that there was no evidence to support the claim that KCee used Nnam’s song directly or substantially, this would not apply in this instance. - Burden of Proof in Copyright Infringement:
The 2022 Act emphasizes the need for a claimant in a copyright infringement case to provide clear evidence of infringement. In this case, Jude Nnam failed to demonstrate that KCee’s song “Cultural Praise” violated his copyright over “Som Too Chukwu,” and the court upheld that failure. Under the new Act, Nnam would still be required to establish that KCee had access to his work, copied it without permission and that the alleged copied portion constituted a substantial part of his original song. The fact that the defendants argued that they derived inspiration from the Bible, which is not an original work belonging to Nnam, further weakens the plaintiff’s case under the 2022 Act.
Conclusion
Under the Nigerian Copyright Act of 2022, the court’s ruling to dismiss the case against KCee, Five Star Music, and E-Money would likely remain the same. The Act protects original works but does not extend copyright protection to public domain materials, such as biblical texts. Furthermore, the plaintiff’s inability to provide sufficient evidence of direct infringement would continue to be a significant factor in the dismissal of the case.
