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2980575VB0910_celebsJay-Z and Will Smith are being sued over their hit Broadway musical FELA!

Photographer Marilyn Nance has filed suit alleging one of her pictures was used in the production without her permission.

The musical has already won a Tony Award tells the story of late Afrobeat legend Fela Kuti and features an iconic picture of the singer’s Nigerian nightclub as a backdrop.

Nance took the picture  in 1977 and  is suing the show’s producers, which includes Jay and Will, for $150,000 alleging they used the picture without her consent.

Her attorney Edward Greenberg cited in court documents, “You have employed our client’s registered image without her permission, license or consent.”

The suit also claims the image has been used on souvenir books, the show’s soundtrack CD and in a music video.

A publicist for the production, Richard Kornberg, has acknowledged the legal action and insisted Nance should have notified the producers of the problem sooner.

Speaking with The NY Daily news, he adds, He adds,

“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.”

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