In Nnam v. Five Star Music & Ors, the Plaintiff, Sir Jude Nnam, claimed copyright ownership over several songs he composed, alleging that the Defendants—Five Star Music and its affiliates—had used these songs without authorization in their Cultural Praise albums. Sir Nnam sought a declaration of his ownership, damages of ₦500 million, an injunction against further use, and an accounting of profits derived from the alleged infringement of his copyright by the Defendants.
The Federal High Court addressed the following issues: whether the Plaintiff held valid copyright ownership over the songs; whether the Defendants infringed on the Plaintiff’s copyright; and whether the Plaintiff’s were entitled to damages for alleged infringement by the Defendants.
The Plaintiff argued that his copyright claim was grounded in his creation of the songs, which were presented as original works fixed in a tangible medium (sheet music and audio). The Defendants countered, suggesting that the songs were based on common religious phrases found in the Bible and traditional church hymns, thus lacking originality. In support of their defense, the Defendants presented expert witnesses in musicology and linguistics who testified to establish that the works in question did not meet the originality standard for copyright because they involved common Igbo religious expressions with no unique composition by the Plaintiff. During the trial, cross-examination revealed inconsistencies in the Plaintiff’s claims, particularly his inability to distinguish his work from common church hymns and Bible verses.
In dismissing the Plaintiff’s claims, the Court relied on the Copyright Act 2022, particularly sections 2, 16, 17, and 39, to find that he did not establish original authorship as required by the law. The Defendants’ evidence that the lyrics and phrases were in the public domain also undermined the Plaintiff’s claim of exclusive ownership. The Court, therefore, ruled in favour of the Defendants, dismissed the suit and declined the Plaintiff’s claim for damages and injunction.
Nnam v. Five Star Music & Ors (FHC/L/CS/304/2021), Judgment delivered on 30th September 2024. A copy of the full judgment is available at: Nnam v. Five Star Music & Ors