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Jay-Z And Will Smith Sued For Picture Use

In their Broadway production...

By CJ Rutter on Monday 2nd August 2010 Photo by WENN.com

Celebrity heavy-weights Jay-Z and Will Smith are being sued for a photograph that was used during their award-winning Broadway musical, Fela!

The suit has been filed by photographer Marilyn Nance who claims that one of her pictures was used during the production without her consent.

Fela!, which has already won a Tony Award, tells the story of musical legend Fela Kuti and it shows a iconic picture of the singer's nightclub in Nigeria as a backdrop.

The picture was taken by Nance in 1977, who is now suing Fela! producers, which includes Jay-Z and Will Smith, for $150,000.

Nance's attorney cited court documents: "You have employed our client's registered image without her permission, license or consent."

Nance also claims that the image was also used within the show's promotional material including souvenir books, the soundtrack CD and in a music video. Richard Kornberg, a publicist for Fela! has said that Nance should have highlighted the problem sooner.

In an interview with The NY Daily News, he said: "We tried to resolve the claim but could not, and are now in the process of replacing that image. Unfortunately, this photographer waited two years to voice an objection to our use of this image. Had she notified us earlier, we would've replaced it then."

How is she meant to know that y'all were gonna use her sh*t?

Check out our pictures of Jay-Z out to dinner recently with Kanye West...

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