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R. Kelly, Publishers To Sue Jay-Z’s 40/40 Club

Thursday, June 28, 2007
By: Kenny Rodriguez


R KellyR. Kelly, Michael Jackson and over a dozen music publishers have filed a federal lawsuit against Jay-Z’s 40/40 sports club in New York, alleging DJs have been playing unauthorized music during party hours.

While Jay-Z is not personally named in the lawsuit, 40/40 co-owners Desiree Gonzalez and Juan Perez are accused of ignoring licensing rules to avoid paying royalties on several songs.

An employee for Broadcast Music Inc. (BMI) visited the club in March 2006 and discovered seven unlicensed songs being played – including Jackson’s “Billie Jean,” R. Kelly’s “Thoia Thoing,” Kanye West's “Gold Digger,” and Omarion’s “Touch.”

As a public venue, the 40/40 club must pay royalties for recordings played during club hours.

BMI, which owns licensing rights to over 6.5 million songs, led the charge on behalf of Kelly, Jackson and several other artists and music publishing companies seeking unspecified damages for copyright infringement.

According to Jerry Bailey, a BMI spokesman, the company has tried unsuccessfully to license the 40/40 club since it opened in 2003.

Michael Shen, a lawyer for the club, said he has not yet seen the lawsuit and declined further comment.


(19) Comments | Post a comment »



What a Bia'ch move
Posted by DOKE
P.o box laterbiokorshie 2
Posted by seidu issah
Kelly is a Bia'ch!
Posted by big walt
Word
Posted by fugeelala
Ok, let me get this straight, they're suing a club...for playing music? rotfl, ok bmi, kells and wacko jacko just accept the "l" now because that ain't gonna fly, i don't care how much money y'all got for lawyers. How u gonna convince a judge that a club owes you money...for basically promoting you? furthermore, what is a club supposed to play? first mixtapes become illegal now club music?, i could have sworn that each one of those songs were made to be played in a club. "thoia thoing" "touch" "billie jean" and "gold digger". And kanye is jay's artist anyway. Lmao, i just don't see the companies winning this one and r.keely just mad because hov always stylin' on 'em, lol.
Posted by kingjames313
First of all it is bmi that has filed the lawsuit not the artists and second of all bmi will win for the following reason. The united states constitution gives congress the power to grant patents and copyrights. Pursuant to that power, congress has enacted and amended various copyright laws. The copyright law of the u.s. Today gives copyright owners the exclusive right to publicly perform or authorize performance of their works. Generally speaking, public performances are very broadly construed under the law and are defined as performing "at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." this has been interpreted to mean that most performances at so called private clubs and fraternal organizations are "public" under the copyright law.
Posted by High Priced Attorney
In sweden were im from, everybody has to pay for playing music or having the radio on if you have a store, nightclub or what ever. So this sh*t is obvious.....
Posted by D
Yaa i think artist should sue the club for the mixtape they are doing illegally, imagine taaking two years to release an album then sum1 takes 2 hours to make a mix, and hence make more money than your albom could do..
Posted by robdanmag
Wtf ! unauthorized music ! there are a lot of people that go the club on a daily basics and people drink, smoke, dance and listen to music and sometimes you can be feeling a song and they`ll play it again and if you wanna hear it somemore, you`ll go out the next day and buy that album . So if anything, your promoting that artist if anything . Also, with r.kelly being one of those people i love your music but yo, you already got a 50 million dollar lawsuit on him so fall back and michael jackson i understand your money is low but it would`nt be if you would`ve had all those damn kids at your house .
Posted by lahzee
If i was r. Kelly ill trap myself in the closet.
Posted by dont get herp
And the industry wonders why they cant sell records anymore. Lol no one cant hear the music anymore... Its not accessible. First the shut down videos on the web by trying to charge, then they try to shut down internet radio, then mixtapes and clubs. Dont the see the relation between squeezing consumers and new media, squeezing the dj's and store owners and their current state of sales. The greed is not paying off for them in terms of the big picture.
Posted by worldpeace
Pay whatcha owe
Posted by Strike Ice
A club is free advertisement for these companies. They are paying radio stations to have artists songs played all damn day. Watch the next step will be when i'm bumpin music in my car and they try and sue me for stoping at a red light and not turning the volume down so others don't hear it
Posted by hypokryte
The piont is that jay-z is so way ward,he could have taken permission from them first before going further to make money in the club.i no some artiste who you can meet for some tips from their song before putting in your album.it is qiuet accepted in that way. But kelly,let me tell you,dont let that get to your head cos i believed you hvae somethings btter of to do with your time. We await for your new album. Triga uniport nigeria
Posted by triga
Sue that Bia'ch ass n*gga
Posted by allen harris
Come on kells, give me a break dude, or you mad at jigga 'bout something.
Posted by bonzito
Playboy here ) just fun
Posted by playboy
Man r.kelly is crazy cause that make him look so soft for sueing my n*gga jay-z (who just do dat) but sh*t i guess kelly.....
Posted by babe boss
Hello, people don't get upset at jay-z get mad his co-owners; man you just don't know whats going onin las vegas, they r off the hook. Ya'll need to look up craigslist in las vegas, i wanted to apply and i'm so glad i didn't. Jay-z made a huge mistake getting involved with these people. The club has given him a bad image as to the co-woners and management. Jay-z i hoep u can keep th eclub in las vegas because in a few months i doubt is will have any business or at least employees. I have seen over 200 hits about this place and if i didn't believe them i would have messed up myself, adn wasted my time, jay man send someone in disguise and see whats going on. That's all u need top do, is that and u will find out the truth.
Posted by japkat

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