About Chimuanya Okere’s 2013 ‘Ogechi Ka Nma’ song, copyright debate

Fast-rising singers Boypee, Brown Joel, and Hyce’s hit song ‘Ogechi’, currently embroiled in a copyright debate, have a more profound history than its recent fame.

It was released over a decade before they collaborated with Davido for the song remix.

The trio’s original version of Ogechi was released on 10 May and gained traction on TikTok and Nigerian streaming platforms.

The remix with Davido was released on 26 June, while the music video, produced by Adeola Omooba and directed by Dammy Twitch, was released and uploaded to YouTube on 19 July.

PREMIUM TIMES discovered that in 2013, Chimuanya Okere released an album titled ‘Ogechi Ka Nma’ featuring King Owigiri. Blessed Kc Music produced the song.

Interestingly, five minutes and forty seconds into the twenty minutes fifty five seconds track, the celebrated Bongo highlife musician introduced a chorus: ‘Ogechi Ka Nma, Ogechi Ka Nma’, which the trio’s ( Boypee, Brown Joel, and Hyce’s) Ogechi version chorus struck similarly with.

This led to a reported allegation of copyright infringement, which resulted in YouTube removing the music video from Davido’s official channel, although it remained accessible on some fans’ pages.

‘Ogechi Ka Nma’, a standout track from Okere’s album, was performed as a medley—a musical arrangement featuring a series of songs or short pieces seamlessly woven together.

Born in Imo State, Okere is famous for hits like ‘Ayakata Bongo’, ‘Ogechi Ka Nma’, ‘Ome Nmeji’, and others. His music features lively rhythms, melodic guitar arrangements, and rich vocal harmonies. Okere’s songs pay tribute to Igbo culture, traditions, and values.

Boypee, Brown Joel, and Hyce’s version

Ogechi was performed live on 25 June at Davido’s wedding to Chioma Rowland and gained popularity among both Davido’s and Boypee’s fans.

In an interview with Pulse Nigeria, posted on YouTube on 23 July, the rising trio revealed that the song was their original creation.

They said the inspiration for the song came to them unexpectedly after they had initially agreed to work on a song without a clear idea of what it would be.

They said: “We agreed to work on a song without knowing exactly what it would be before entering the studio. When we got there, we decided we wanted the song to blend elements of celebration and love. The producer played the beats, and we began to vibe with them. Ogechi was among one of the vibes that lay on the beats at the studio. We built the song from the foundation of the melody, using Yoruba, English, and Igbo, ensuring no language was left out.”

Furthermore, they said ‘Ogechi’ signifies ‘God’s time is the best.’

Additionally, the singers attributed their successful collaboration with Davido to divine intervention.

“A few days before Davido’s wedding, we were at our respective homes when Cubana Chief Priest called Boypee and said we should connect with Davido. We quickly went to Cubana Chief Priest’s house. Initially, we just wanted to make a TikTok video with Davido for promotion, but the night’s energy was so positive. Davido said we should be taken to the studio within thirty minutes to record a remix, which is how the remix came about. It’s all thanks to God.”

They say the song is about a lady celebrated as the most beautiful, and the chorus symbolises what should be offered to Obim (heart) as the epitome of beauty.

They added, “Even before we went to the studio, we were confident that the mix would be excellent and the song would turn out well. The way we felt before recording matched the final result, and we were not wrong. We faced no challenges while recording ‘Ogechi’; it was all part of God’s plan. Performing at Davido’s wedding was a significant achievement for us because ‘Ogechi’ was a hit song.”

Copyright infringement?

Entertainment lawyer Rockson Igelige, in an interview with this newspaper on Friday, stated that removing a YouTube video does not necessarily imply any form of wrongdoing.

He said: “As I stated in my write-up when YouTube pulled down the Tiwa Savage video, it was to fulfil an act of Parliament. The Digital Millennial Copyright Act states that whenever any party raises the issue of copyright infringement, the intermediary, YouTube, has to pull it down. They (YouTube) listen to both sides. If there is no evidence of infringement, they will restore the video, which they did in Tiwa Savage’s case.

“But when you fail to remove the video if an issue of copyright infringement is being raised, and if it turns out that there is real infringement, they can sue the internet body, YouTube. So what YouTube does when you file a copyright infringement is remove it so you cannot sue them. But when you fail to, and it turns out that there is a case of merit, that means you can sue them. But when you remove the video like this, the law forbids you from suing them.”

Fair Use

Mr Igelige further noted that the singers could claim fair use, provided the new song (Ogechi) does not negatively impact the original work.

He also stated that it would qualify as fair use if Okere permitted them to use a portion of his song, and the new work does not compete with the original.

He said, “So, if they cannot succeed in pleading a fair play that means they can hold them for copyright infringement, but if there is consent of the original owner to use the work, there’ll be no copyright infringement. Now, if they cannot play fair use, they can be sued for what they do. If the original owner did not give them consent or authorisation.”

According to Mr Igelige, utilising someone else’s work for criticism, commentary, news reporting, teaching, scholarship, or research does not constitute copyright infringement.

“In determining whether the use made of a work in any particular case is fair, the factors to be considered shall include—(1) the purpose and character of the use, including whether such use is commercial or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used about the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. What you now call a chorus might be the most potent aspect of the music. So, if that chorus is used, it is significant because what is considered necessary is a matter of impression. It is subjective.

“Even clapping of hands or playing a guitar string in some entertainment contexts can qualify someone as a joint author. Therefore, if that chorus is a substantial part of the music, fair use cannot apply. Additionally, if the purpose and character of the chorus, as we do and call use, are the same and serve the same purpose as the original ‘Ogechi,’ they cannot claim fair use. If the new work they create competes with the old one as a substitute, they cannot claim fair use. They can only claim fair use if the public or buyers begin to see the original ‘Ogechi’ differently from this new one. However, if the public begins to see this new ‘Ogechi’ as a substitute for the old one, their fair use claim will not protect them. In that case, it would be an infringement”, he added.

When asked if Davido would be found guilty by association if the singers are found guilty, he said: “Changing the verse was part of the transformation, but what about the beat? That alone wasn’t enough to exonerate him if the beat remained the same as the original. Just three lines in a song can hold a singer liable for copyright infringement.”

Listen to Okere’s version here.

Listen to Boypee, Brown Joel, and Hyce’s version here.