Jackson Versus Jay-Z Club Royalties Suit

Michael Jackson, R. Kelly are among a dozen music publishers who have banded together against Jay-Z's 40/40 Club with a federal lawsuit for allegedly skimping on royalties. The popular 40/40 Club, which is co-owned by Jay-Z and tow business partners, has danced around licensing rules to entertain clubgoers with "unauthorized public performance of musical compositions," according to the lawsuit filed yesterday in a Manhattan federal court. Broadcast Music Inc. led the charge on behalf of Jackson and more than a dozen artists and music publishing companies, seeking unspecified damages for copyright infringement from the club co-owners, Desiree Gonzalez, who has the primary responsibility for operations and management, and Juan Perez. Jay-Z, whose real name is Shawn Carter, is not named. Jackson's "Billie Jean" and "Don't Stop," "Thoia Thoing" by R. Kelly and "Gold Digger" by Kanye West, Ray Charles and Renald Richard, were among seven unlicensed songs played at the club during a random visit by a BMI researcher on two nights in March 2006. Even singer Pharrell Williams, who has collaborated with Jay-Z has his song "Touch" played without a license. BMI spokesman Jerry Bailey said the company holds the licensing rights to 6.5 million songs, which half of those played in the Untied States, and has tried unsuccessfully to license the 40/40 Club since it opened in 2003. The sports bar and lounge on West 25th boasts a $4 million multi-level space with dozens of televisions to view sporting events, and several private VIP rooms. Michael Shen, a lawyer for the club, said he had not yet seen the lawsuit and declined further comment. The legal action comes one month after the nightspot was hit with a class action lawsuit for allegedly keeping a cut of workers' tips in violation of minimum wage laws. Celeste Williams, a former waitress at 40/40, accused the club of "willfully failing and refusing to pay [its workers] at the legally required minimum wage" since the nightspot opened in 2003. Her lawyer claimed 100 staffers have been ripped off - although club management said Williams worked at 40/40 for only four days in December 2005 - in the suit seeking unspecified damages. Source:Nypost/MJJForum/eMJey